Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Mere dishonour of cheque does not constitute offence under Section 138 - Payee has to give notice to drawer within 15 days of receipt of information from Bank demanding payment - Cause of action would arise if no payment is made by the drawer within 15 days of receipt of notice - Fulfilment of..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Jurisdiction - Cheque drawn up at Dena Bank, New Delhi - Presented through bank at Chandigarh - Cheque dishonoured - Complaint at Chandigarh is maintaianble...........
Negotiable Instruments Act, 1881, Section 138 -- Accused pleaded payment - Onus is heavy - Mere entry in the account books cannot be taken as a conclusive proof for the discharge of the onus as the account books are self - serving statements...........
Negotiable Instruments Act, 1881, Section 138 -- `Stop payment' - Once the cheque has been drawn and issued to the payee and the payee has presented the cheque and thereafter, if any instructions are issued to the Bank for non-payment and the cheque is returned to the payee with such an endorsement, it amounts to dishonour of cheque and it comes within the meaning of..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Seven days notice given demanding payment but complaint filed after expiry of 15 days - No ground to quash the complaint - Notice is valid...........
Negotiable Instruments Act, 1881, Section 138 -- Company - Cheque issued by Company - Dishonour of cheque - Prosecution of signatory of the cheque without impleading the Company - No ground to quash the proceedings...........
Negotiable Instruments Act, 1881, Section 138 -- Jurisdiction - Cheque drawn on Calcutta Bank - Complaint filed at place `S' where complainant resides - Held, Court at place `S' has the jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Part payment made - Is of no avail to the drawer of the cheque for evading prosecution...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Part payment made or that the cheque is for discharge of liability or debt - These are questions of fact which trial Court has to decide after recording evidence - No ground to quash the complaint under Section 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Summoning order - Petition u/s 482 Cr.P.C. - Held, when facts are in dispute, in that event High Court will not exercise its inherent powers and indulge in the minute scrutiny of facts - It could be so done only on admitted facts - Petitioner may approach the Magistrate that..........
