Negotiable Instruments Act, 1881, Section 138, 72 -- Cheque presented within six months but reached Drawee's bank after six months - Cheque dishonoured on account of insufficient funds - Held, offence u/s 138 is made out...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Cheque - Presented after six months from the date on which it was drawn - Complaint is not maintainable - Complaint and summoning order quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Cheque dishonoured - Notice issued after the cheque was dishonoured fourth time - Complaint is maintainable - Held, if cheque is presented again and again, the cause of prosecute subsists but if notice has been issued thereafter, re-presentment of the cheque does not give a fresh cause...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- `Person incharge and responsible' - No allegation in the complaint that petitioner was responsible to the company or was incharge of the company - No act or negligence attributed to him - Complaint qua the petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Partnership firm - If the partnership firm fails to pay the amount within the stipulated time, after receipt of notice, the partners are also liable to be prosecuted...........
Negotiable Instruments Act, 1881, Section 138 -- Partnership firm - Notice - When firm has been served with a notice each partner need not be served with a separate notice individually...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent as per registered post - Service shall be deemed to be effected unless contrary is proved...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent as per registered post - Received back with postal endorsement 'always absent in my duty' - If accused were not available at their place of business and their establishment remains closed during working hours, it will be deemed that notice was served on them...........
Negotiable Instruments Act, 1881, Section 138 -- `Stop payment' - There was in fact no balance when cheque was issued - Conviction of accused u/s 138 upheld...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cheque can be presented to Bank for collection any number of times during its validity and last dishonour could be treated as cause of action to serve notice on drawer and file complaint under Section 138 - However, if once payee sends notice demanding payment from drawer of cheque then he loses..........
