Negotiable Instruments Act, 1881, Section 138, 142 -- Jurisdiction - Neither Ingredients of the offence spelled out nor disclosed as to how the court at place `M' has jurisdiction - Complaint and summoning order quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque issued on different dates and presented to bank on different occasions - Last cheque dishonoured on 30.7.1990 and notice given on 23.1.1991 - Complaint does not prima facie show commission of offence...........
Negotiable Instruments Act, 1881, Section 138 -- Sleeping partner - Specific allegation in the complaint that the petitioners are responsible for the business of the firm, the foundation has been laid to make the petitioner liable - Held, if the petitioner has a defence that he is not incharge of the business or responsible to the company, he can show it to the trial Court..........
Negotiable Instruments Act, 1881, Section 138 -- Jurisdiction - Main settlement made and cheques issued at placed `A' - Held, Court at place `A' has jurisdiction to entertain the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Once it is admitted that accused issued cheques to the complainant then the burden is very heavy on him to prove that the cheques were not issued in connection with the transaction as alleged by the complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque issued pursuant to the settlement arrived at between complainant and the accused - Held, where there is a settlement and cheques are issued in pursuance of the settlement, it cannot be said that there is no debt due and that there is no contract...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque dishonoured - Notice issued - Complaint not filed - Cheque presented again and cheque again dishonoured - Complaint filed - Held, complaint is barred by limitation...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque dishonoured - Notice Issued - Accused promising to make payment within four months - Accused not making payment - Cheque presented again - Cheque dishonoured for the second time - Notice issued and prosecution launched thereafter - Held, prosecution launched is not valid...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Cheque whether dishonoured due to insufficient funds or not - It could be seen only during the course of trial - Prayer for quashing complaint declined...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - To make out an offence conditions to be satisfied are (1) Cheque must have been issued to discharge a liability (2) cheque must have been dishonoured for insufficiency of funds (3) Notice must be given by the payee to the drawer (4) The drawer's failure to pay the amount of cheque within fifteen days of..........
