Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Necessary ingredients of the offence are : (1) a cheque was issued; (ii) the same was presented; (iii) it was dishonoured; (iv) a notice was served on the person sought to be made liable and; (v) despite service of notice, neither any payment was made nor other obligations, if any, were complied with..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Presumption of service of notice - Presumption arises when notice is sent by registered post - Even when a notice is received back with an endorsement that the party has refused to accept, still then a presumption can be raised as regards the valid service of notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Service of notice - Thirty days time ordinarily must be held to be sufficient for service of notice...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Delay - Condonation - Insertion of proviso to S.142(b) in 2002 confers a jurisdiction upon the Court to condone the delay - However, insertion of the proviso is not retrospective in nature...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Post dated cheque - To constitute offence u/s 420 IPC fraudulent or dishonest inducement on the part of the accused must be at the inception and not at a subsequent stage - When the post dated cheques were issued the accounts were operative - Even assuming that the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Amendment - Court has no jurisdiction to allow the amendment of the complaint petition at a later stage...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A civil suit for recovery of money as well as a complaint u/s 138 of the Act is maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - Awarded and paid - A duty is cast upon civil courts to take into account the sum paid or recovered as compensation - Superior Courts can take into consideration such payments received even after passing of decree by trial Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Sleeping partner - No averment in complaint that petitioner is responsible for the conduct of business of the firm - Petitioner not signatory of cheque - Non compliance of S.141 of the Act - Compliant, summoning order and subsequent proceeds qua the petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Prosecution of a partner of a firm - Partner alleged to be active in the business of the firm - It cannot be said that ingredients of S.141 of the Act are lacking - Such partner can prove at trial that he was not responsible for conduct of business of the firm and therefore, not..........
