Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards repayment of personal loan - Prosecution of company - No material on record to show that company was liable to make any payment to complainant - Company cannot be prosecuted merely for the reason that cheque bears seal of company unless complainant alleges existence of some..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Notice - Once service of notice is duly established upon respondent/accused and respondent/accused admittedly not complied with notice, it will necessarily follow that complainant/appellant has fulfilled all requisite conditions for constituting offence punishable u/s 138 of..........
Negotiable Instruments Act, 1881, Section 138, Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988, Section 4, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Economic offences - Appeal against acquittal - Respondent/accused is young person on whom his family is dependent for livelihood - There are no criminal..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 177 -- Dishonour of cheque - Territorial jurisdiction - Issuance of cheque of a bank at place `B' - Cheque encashable at any branch of the bank - Cheque presented for encashment at place `Q' and sent for clearance to bank at place `P' - Cheque dishonoured at place `P' - Court at place `P'..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Jurisdiction - Complaint ordered to be returned to be filed in the Court within whose jurisdiction drawee bank is located as evidence u/s 145(2) of the Act has not commenced by following the law laid down by Supreme Court in case Dashrath Rupsingh Rathod reported in 2014(3) Civil Court Cases 814..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint before expiry of 15 days from the date on which notice is served - Held, it is no complaint in the eye of law - Cognizance of offence cannot be taken on the basis of such complaint - Merely because at the time of taking cognizance period of 15 days has expired from the date on which notice has..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed before expiry of 15 days period from the date on which notice is served - It is no complaint in the eye of law - Directions issued that payee or holder in due course may file a fresh complaint within one month from the date of decision in the criminal case and in that event, delay..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ingredients required for making out a case u/s 138 of the Act - Law pronounced in case M/s Kusum M/s.Kusum Ingots & Alloys Ltd. v. M/s.Pennar Peterson Securities Ltd. and Ors. etc. etc.; 2000(1) Apex Court Journal 261 (S.C.) : AIR 2000 SC 954 : 2000(2) SCC 745 reiterated : (i) a person must have drawn a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint through power of attorney holder - Law as to - Law as pronounced in A.C.Narayanan v. State of Maharashtra, 2013(3) Apex Court Judgments 323 (S.C.) : 2013(4) Criminal Court Cases 001 (S.C.) : 2013(4) Civil Court Cases 379 (S.C.) reiterated : (i) Filing of complaint petition u/s 138 of NI Act..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint filed through power of attorney holder - Power of attorney holder being husband of complainant has witnessed all transactions and he possesses due knowledge about them - He is associated with all transactions at all crucial stages - Power of attorney..........
