Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Cheque issued from an account not maintained by accused but by someone else - Accused cannot be prosecuted as one of the ingredients that cheque must have been issued on an account maintained by him not fulfilled - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - To constitute the offence, ingredients required to be fulfilled are : (i) a person must have drawn a cheque on an account maintained by him in a bank for payment of a certain amount of money to another person from out of that account; (ii) The cheque should have been issued for the discharge, in whole..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - An offence is committed u/s 138 of the Act only when all the ingredients of the offence are satisfied...........
