Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Returned undelivered - Provision is not applicable...........
Negotiable Instruments Act, 1881, Section 138 -- Provision enforced on 1.4.1989 -Cheque issued and dishonoured before this date - Provision is not applicable...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 506, 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complainant alleging that on demand accused threatened the complainant with dire consequences - Charge framed against accused - Petition for quashing proceedings on the ground that allegations were vague - At this..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Must be of the cheque amount - If a bigger or smaller amount is claimed in the notice, it is not sufficient notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted - Accused subsequently paying entire amount to complainant - Accused given benefit of S.360 Cr.P.C. and released on probation. (Criminal Procedure Code, 1973, S.360)..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Account closed' - Closure of account is not a bar on Magistrate to take cognizance of complaint u/s.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139, 140, 141, 142 -- Chapter XVII consisting of Ss.138 to 142 not ultra vires the powers of union Parliament to enact such provisions - Matters covered by S.138 fall within Entries 45 and 46 of List-I (Union List.)..........
Negotiable Instruments Act, 1881, Section 138 -- Proviso - Fails to make the payment' do not mean `Failure without reasonable cause' - Drawer of the cheque is not entitled to lead evidence that he had no reason to believe when he issued the cheque that it may be dishonoured on presentment for the reasons mentioned in S.138...........
Negotiable Instruments Act, 1881, Section 138 -- Exclusion of mens rea in S.138 for fastening criminal liability strictly not arbitrary and hence not violative of Article 14 of the Constitution of India...........
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 17, 22 -- Prosecution of a Company for an offence u/s 138 is not prohibited by S.17 of Sick Industrial Companies (Special Provisions) Act...........
