Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Even if there is no express or explicit averment in the complaint, court would be justified in taking cognizance of the offence if the ingredients can be deducted or discerned from implications or inferences from the com-plaint...........
Negotiable Instruments Act, 1881, Section 138 -- Complaint filed before expiry of 15 days notice period - Complaint is premature...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint sought to be quashed on the plea that petitioner is not incharge of the Company or at least not being one of its Directors - Not brought on record so far - Petitioner to bring this fact on record when the trial starts and only then he can apply for quashing complaint against him...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Post dated cheque - Six months period shall be calculated from the date which the cheque bears...........
Negotiable Instruments Act, 1881, Section 138 -- Drawer of the cheque insolvent - It does not absolve the accused from the offence...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Some more amount claimed in the notice - It does not invalidate the notice...........
Negotiable Instruments Act, 1881, Section 138 -- Five cheques involved - Single complaint filed - Complaint is maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- `Refer to drawer' - Does not mean that cheque is returned due to insufficiency of amount in the account...........
Negotiable Instruments Act, 1881, Section 138 -- Mere fact that the account was short of the amount when the cheque was drawn, is of no conse-quence...........
Negotiable Instruments Act, 1881, Section 138 -- Accused tendered the amount after receipt of notice - Complainant refused to receive - Accused cannot be visited with any consequence envisaged for non-payment of amount...........
