Negotiable Instruments Act, 1881, Section 138, 142 -- Jurisdiction - Cheque drawn on bank at place `M' and cheque presented for collection at place `M' - Complaint filed at place `T' where transaction creating liability had taken place - No illegality - Court at place `T' has jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Issued at the address, which was insufficient but given by the drawn himself - Prayer for quashing on this score decline...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Directors of the company sought quashment of complaint on the plea that they were neither in charge of nor responsible for the affairs of the company - Held, as there is no allegation in the complaint against the petitioners that they are incharge of or were responsible to the company for the conduct of its..........
Negotiable Instruments Act, 1881, Section 138 -- Cheque issued in favour of self - Name of complainant appeared on the back of cheque - Cheque shows that it was in favour of self or bearer - Held, complainant is holder in due course...........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint power to be exercised sparingly...........
Negotiable Instruments Act, 1881, Section 138 -- The mere fact that the company had been declared a sick industrial unit is not a ground to quash the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- `Refer to drawer' - Means there are not sufficient funds in the account to meet the claim...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Jurisdiction - Cause of action arises at the place where the drawer of the cheque fails to make payment and that can be the place where the Bank to which the cheque was issued is located - It can also be the place where the cheque was issued or delivered - The Court within whose jurisdiction any of the above said places..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Cheque issue by servant - Amounts to issuing of cheque by the principal...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Complaint filed u/s 420 IPC instead of S.138 Negotiable Instruments Act - Held, when allegations are for an offence u/s.420 IPC nothing prevents the complainant from filing the complaint u/s.420 IPC...........
