Negotiable Instruments Act, 1881, Section 138, 142 -- Cheque dishonoured for the second time - Complaint filed on that basis - Complaint is maintainable - It is open to the payee or holder in due course to present the cheque for payment even after his failure to file a complaint on the basis of the first cause of action accrued to him...........
Negotiable Instruments Act, 1881, Section 138 -- Limitation - Notice received on 9.6.1993 - 15 days time to be counted from 10.6.1993 and would expire on 24.6.1993 - Complaint to be filed within one month - In the instant case it starts from 25.6.1993 and therefore the complaint ought to have been filed before 24.7.1993 - It cannot be said that complaint can be filed upto..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint sought that full details as to dishonour of cheque not given in notice - Held, technicalities should not come in the way of justice...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque presented three times - Notice issued within 15 days of the last dishonour - Notice issued is valid...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 204 -- Dishonour of cheque - List of witnesses - No provision that list of witnesses shall be mentioned in the complaint - It can be supplied at any time - Until and unless it is supplied summons or warrant shall not be issued...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Witnesses - It is the discretion of the learned Magistrate to examine any number of witnesses or the sole complainant for his satisfaction to show whether any prima facie case is established...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' but sufficient funds in account - Cheque returned by bank on ground of `Refer to drawer' - No case made out for quashing complaint - Trial Court to decide real cause for non- payment of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- `Account closed' - Prosecution can be launched...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque on any of the contingencies or eventualities other than the ones mentioned in S.138 of the Act - Magistrate is competent to take cognizance...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Date of issuance of notice mentioned in complaint and not date of receipt of notice - Mere fact that the date of delivery of notice is not mentioned in the complaint, does not affect the maintainability of the complaint...........
