Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence at the belated stage - Parties have resolved their dispute amicably and complainant does not wish to continue the proceedings - However, since dispute is been resolved after long lapse of time and precious time of Courts have been spent by parties, it is deemed appropriate to..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Jurisdiction - If cheque is delivered for collection at a branch other than where payee or holder in due course maintains an account, branch of Bank where payee or holder in due course maintains the account shall be treated as branch of Bank for the purpose of S.142(2)(a) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Jurisdiction - Complainant maintains his account at `A' Branch - He has no account at `T' Branch - Even though complainant delivered the cheque for collection at `T' Branch of same Bank, by virtue of deeming provisions contained in S.142(2) Explanation of the Act, `A' Branch of the bank has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where complainant/payee is a company, an authorized employee can represent the company...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney of a company/firm - Complaint filed by firm in its name and is represented by its Branch Manager, who has been authorised as per Resolution - There is also a specific assertion in complaint that PW1 is competent to represent firm - PW1 is aware of transactions between..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney of a company/firm - Complainant produced statements of accounts which shows that outstanding amount due from accused to complainant tallies with amounts covered by cheques - Complainant has discharged its initial onus of proof by satisfying the concomitants constituting..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Date of receipt of notice is very important but it is not necessary that any particular date as regard receipt of demand notice should mandatorily be mentioned in the complaint itself - Day of receipt of demand notice can very well be inferred from documents/evidence on record...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of demand notice - Even if track consignment report is not filed, Court may presume service of notice in ordinary course of business, if it is shown that same was sent by registered post on correct address...........
Negotiable Instruments Act, 1881, Section 138, 143(2), 143(3) -- Dishonour of cheque - Expeditious disposal of case - Trial Court to conclude trial of complaint case u/s 138 of the Act within a period of six months strictly in accordance with statutory provision of S.143(2) and 143(3) of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Date of receipt of notice is very much important but it is not necessary that any particular date as regard receipt of demand notice should mandatorily be mentioned in the complaint itself - In case dates are not revealed in the complaint, same can be inferred from paper on record...........
