Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Purchase of vehicle by taking loan - Default in payment of loan amount - Vehicle seized - One of the partners of the firm gave a loan to repay the loan amount of the company and that accused issued a cheque to discharge his legal liability - No sane person would advance loan to a person who has already..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Loan agreement executed at Delhi and loan disbursed at Delhi - Cheque issued of a bank located outside Delhi - Cheque presented for encashment in a Bank at Delhi - Demand notice sent from Delhi - Held, Court at Delhi has jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Complainant failed to discharge his burden to prove existence of liability - Accused duly discharge his burden that cheque was issued under different circumstances - It is for time barred debt and for more amount than actually due to complainant - Both Courts below have simply..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction - Appeal - Suspension of sentence - Payment of compensation amount - Held, S.357(2) indicates that even if compensation amount is deposited, payment cannot be made to victim before decision of appeal - It is not always necessary to insist for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Loan agreement executed at Delhi - Loan disbursed to accused from an account at Delhi - Prima facie jurisdiction vests in Courts at Delhi...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Imposition of fine - Validity - Dishonour of cheque of Rs.15 lac on ground of insufficient funds - Trial Court imposed fine of Rs.12,01,000/- - Till today accused had satisfied partial obligation in respect of cheque amount of Rs.1500,000/- - Legal battle is still going on - Fine amount as imposed is..........
Negotiable Instruments Act, 1881, Section 138,142 -- Dishonour of cheque - Territorial jurisdiction - Held, payee has an option to present cheque in any bank including collecting bank where he has his account - But to attract criminal liability of drawer of cheque such collecting bank is obliged to present cheque in drawer's bank on which cheque is drawn - In this case,..........
Negotiable Instruments Act, 1881, Section 138,142 -- Dishonour of cheque - Territorial jurisdiction - Notice of demand had been issued by petitioner from Delhi to respondent at its Faridabad address through registered A.D.post - Held, issuance of notice from Delhi would not by itself give rise to a cause of action under the Act but communication of notice would give -..........
Negotiable Instruments Act, 1881, Section 138,142 -- Dishonour of cheque - Territorial jurisdiction - Held, in criminal jurisprudence place of residence or business of complainant or for that matter of accused would not attract jurisdiction of that court - It is the place where offence or part offence had been committed which would vest jurisdiction with that court...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Determination - Accused had purchased goodwill of complainant in partnership and it was agreed that accused should refund advance amount paid to landlord - Held, it becomes liability on part of accused due to complainant - It cannot be said that cheques in question are..........
