Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent by UPC - There is a presumption that unless it is returned to the sender it has reached the addressee within a reasonable time - Principles of constructive service of notice can be applied to such cases...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence is complete as soon as the cheque is dishonoured - The period of 15 days is just to give one more opportunity to the drawer of the cheque to escape punishment provided by S.138...........
Negotiable Instruments Act, 1881, Section 138 -- Jurisdiction - Cheques issued from Delhi - Cheque dishonoured at Panipat - Court at Panipat has jurisdiction to try the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Amount due on cheque whether a liability or in the nature of a loan - Question is to be gone into after recording of evidence - Summoning order cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Accused raising plea that process against him should not have been issued - Held, the Magistrate may reconsider the issue & to decide accordingly...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Fact that the process has already been issued is no bar to drop the proceedings if the complaint on the very face of it does not disclose any offence against the accused...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Cheque dishonoured for insufficiency of funds - Notice not issued - Cheque presented again - No illegality - Complaint is maintainable...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Date of return of cheque by Bank not mentioned in complaint - Date given in notice which has been exhibited - Held, there is no deficiency in complaint...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Notice Dt.10.6.1992 - On the acknowledgement date mentioned as 13.6 - If the notice is dispatched on 13.6.1992 then it is beyond 15 days of intimation of dishonour - Held, at the stage of deciding whether process is to be issued or not Magistrate is not required to assess the material on record minutely - High Court..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200, 465 -- Complainant not examined on oath by Magistrate but allowed the Advocate to examine him - It is violative of S.200 - Defect is, however curable...........
