Negotiable Instruments Act, 1881, Section 138 -- Not sufficient funds in the account - Does not absolve its liability for the offence under S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Cheques issued in discharge of a liability i.e. payment of monthly rentals - Cheques dishonoured for want of sufficient funds - Complaint cannot be thrown out on the ground that it is a civil dispute...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Interest claimed - Merely because interest is claimed, notice is not bad - Accused could have paid cheque amount only, refusing interest...........
Negotiable Instruments Act, 1881, Section 138 -- Company - Unless there are allegations in the complaint that the Directors or partners of a company or firm are also incharge and responsible for the management of the business of the company or firm they are not liable to be prosecuted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 190, 200 -- Magistrate has to take cognizance before proceeding to record sworn statements of complainant and his witnesses - Taking of cognizance after examination of complainant is impermissible in law and it would vitiate the entire proceedings...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Payment demanded within 7 days - Notice not invalid - Mentioning of period more or less than 15 days - No prejudice is caused to accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Complainant - Absent - If the presence of the complainant is not necessary on the day the complaint is fixed then resorting to the step of axing down the complaint may not be a proper exercise of the power envisaged in the section...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Complaint - Company - No Magistrate shall insist that the particular person, whose statement was taken on oath at the first instance, alone can continue to represent the Company till the end of the proceedings...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Sleeping director - Cannot be prosecuted - Onus is on the complaint to show that persons sought to be proceeded against were incharge of and responsible to the Company for the conduct of its business - No such averment in the complaint against the petitioner - Proceedings against the petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Once the limitation to file complaint starts to run it cannot stop for any reason, and if complaint is not lodged before limitation runs out, no complaint can be lodged thereafter...........
