Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Complaint filed against partners of firm and firm not made a party - Complaint is maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheques issued at place `M' and the same presented for collection at place `M' - Cheque dishonoured by the bank at place `J' and intimation of dishonour received at place `M' - Held, Court at place `M' has jurisdiction to try the case...........
Negotiable Instruments Act, 1881, Section 138 -- Complaint to be read alongwith the sworn statement - Should not be read disjunctively - `Refer to drawer' are susceptible to more explanations than one - If in the sworn statement the complainant states that cheque was dishonoured for want of sufficient amount, it is sufficient...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque presented several times - Notice issued only when the cheque was dishonoured for the last time - Proceedings are maintainable on the basis of subsequent dishonour...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - If main features of S.138 are borne out from the allegations of the complaint then High Court will not interfere - The Court has to look into the main features viz. the date of issue of the cheque, the date of dishonouring of the cheque by the..........
Negotiable Instruments Act, 1881, Section 138 -- `Debt or other liability' - Held, it is sufficient compliance if it is stated that the accused owed the sum to the complainant on account of loan and salary...........
Negotiable Instruments Act, 1881, Section 138 -- `Giving Notice' - Meaning - Does not mean delivery of notice to the drawer of the cheque - If the payee has despatched notice to the correct address of the drawer reasonably ahead of the expiry of fifteen days, it can be regarded that he made the demand by giving notice within the statutory period...........
Negotiable Instruments Act, 1881, Section 138 -- Stop payment - Nowhere complainant says that the cheque was dishonoured due to want of sufficient amount in the account - Held, complaint rightly dismissed...........
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...........
