Negotiable Instruments Act, 1881, Section 138, 142 -- Firm which issued the cheques not made an accused in the complaint - Can be impleaded even after the expiry of the period of one month from the date of cause of action envisaged in S.138 of the act...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Dismissed for default - Case taken up in absence of parties or their counsel as it was declared holiday - Notice not issued to the parties - Cannot be said that complainant failed to appear - Proper for trial court to have adjourned the case for giving notice - Order set aside - Case restored...........
Negotiable Instruments Act, 1881, Section 138 -- Debt or liability - Not necessary that it should be due from the drawer - Cheque can be issued for discharge of another man's debt or liability...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque returned with the endorsement `Account closed' - Amounts to an offence under section 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- `Account closed.' - Closure of account on a date antecedent to the date of cheque - It is open to the party to show that the cheque was drawn on date antecedent to the date which the cheque bears...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed while civil suit pending - Held, both remedies, i.e. criminal complaint and civil suit are separate and not alternate...........
Negotiable Instruments Act, 1881, Section 138 -- Transaction taking place before enforcement of amended act - But cheque issued thereafter - Complaint is maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque - Can be presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier - Cheque can be presented any number of times - On such dishonour of the cheque a fresh right accrues in favour of the complainant every time and he can enforce..........
Negotiable Instruments Act, 1881, Section 138 -- Offence when committed by a Company, either the Company alone or the person in charge of the business of the company alone, or both of them together, can be prosecuted for the offence under S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- No form is prescribed for drafting a complaint - If facts set out in the complaint constitute the offence alleged to have been committed by some person, the Magistrate has power to take cognizance of the offence under S.138 of the Act...........
