Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3), 431, Indian Penal Code, 1860, Section 64 -- Dishonour of cheque - Default in payment of compensation - Default sentence of imprisonment can be imposed for non payment of compensation...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Pre-mature complaint - Cognizance if taken after mandatory period as prescribed u/s 142 of the Act then complaint not to be dismissed as pre mature...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - S.138 of the Act never contemplates prosecution in other situation than a situation where cheque gets returned unpaid for reason of - (i) insufficiency of amount in account of drawer to honour cheque; (ii) amount covered by cheque exceeds arrangement to be paid to account...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence witnesses - Trial Court denying to summon defence witnesses - Order set aside - Trial Court directed to summon those witnesses who are named in the application...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards time barred debt - Debt not acknowledged within limitation - Dishonoured cheque in question cannot be treated as acknowledgment u/s.18 of Limitation Act - No offence made out u/s.138 NI Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Rebuttal of presumption - Repayment of loan by cheque - Earlier cheque not returned which was alleged to be lost - Letter admitting repayment also produced - Held, accused prima facie established that he repaid the loan amount - Though complainant disputed repayment of loan but did not explain how..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint can be filed by payee through his power of attorney holder...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of payment - Period of fifteen days was made into thirty days by amendment w.e.f. 6.2.2003 - Amendment is prospective in nature and not retrospective in nature - Demand of payment not made within 15 days of the receipt of information from Bank (Cheque unpaid returned on 10.3.1999 but..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint against partnership firm and its partners - Averment in complaint against accused Nos.2 & 3 that they were the partners of the firm and were responsible for all sort of business affairs of the firm - Criminal liability can be fastened against those partners who at the time of commission..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.one lac - Accused ready to pay the amount of cheque alongwith reasonable interest and cost - Accused ready to deposit Rs.1.15 lacs - In case accused deposits this amount the dispute may be referred to Mediation and Conciliation Center or Permanent Lok Adalat for resolution of the..........
