Negotiable Instruments Act, 1881, Section 138(a), General Clauses Act, 1897, Section 9 -- Dishonour of cheque - Six months validity period of cheque - Calculation of six months - Cheque drawn on 31.12.2005 - Day of 31.12.2005 will be excluded and the period of six months will be reckoned from the next day i.e. from 1.1.2006 - Period of six months will expire at the end of..........
Electricity Act, 2003, Section 135, 138, 151, Criminal Procedure Code, 1973, Section 154 -- FIR - Lodging of - Held, even when Magistrate is to take cognizance when a complaint is filed before it, that would not mean that no other avenue is open and complaint/FIR cannot be lodged with police - If offence under Cr.P.C. is cognizable, provisions of Chapter XII containing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint on the basis of dishonour of cheque for the second time - Held, complaint can be filed on the basis of dishonour of cheque for the second time even when action was not initiated on the earlier cause of action...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Limitation of 30 days of issuance of notice - `Information' about dishonour of cheque received when complainant visited the bank - Pleading to this effect in complaint - Memo of dishonour received after seven days - Held, period of 30 days for issuance of notice starts when `information' was..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Cheque issued towards repayment of loan - In order to draw presumption, heavy burden lies on complainant to show that he had required funds for having advanced the money and that the issuance of cheque in support of said payment advanced was true and that accused was bound to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant not sure about the date of advancing loan - Complainant not sure as to who wrote the cheque - Complainant not even aware when exactly and where exactly the transaction took place - These are serious lacunas which strike at the root of the complaint - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204 -- Dishonour of cheque - Recall of summoning order - Magistrate has no power to review its own order and recall the summoning order - Remedy lies before High Court u/s 482 Cr.P.C. or under Article 227 of the Constitution of India...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 201 -- Dishonour of cheque - Jurisdiction - Return of complaint - S.201 Cr.P.C. can be applied immediately on receipt of complaint, if Magistrate is not competent to take cognizance of the offence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Business dealing held at Mumbai - Products supplied from Mumbai to New Delhi - Cheques handed over at Mumbai - Cheques dishonoured by bankers of respondents at New Delhi - Legal notice issued from Mumbai - Thus, at least one act out of five ingredients of S.138 of the Act having been..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Complaint can be filed at a place where at least one act out of five ingredients of the offence has been committed: (a) drawing of the cheque; (b) presentation of the cheque to the bank; (c) returning the cheque unpaid by the drawee bank; (d) giving notice in writing to the drawer of the..........
