Negotiable Instruments Act, 1881, Section 138 -- `Stop payment' - Plea that payment was stopped prior to presentation of cheque - No ground to quash complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presented again - Cheque against dishonoured - Notice issued within 15 days of last dishonour - Notice is valid...........
Negotiable Instruments Act, 1881, Section 138 -- One complaint filed of dishonour of 11 cheques - No prejudice shown to be caused to accused - No ground to quash the proceedings - Held, accused could raise this point before trial Court (Criminal Procedure Code, 1973, Ss.212, 219)...........
Negotiable Instruments Act, 1881, Section 138 -- Sentence which could be awarded more than what the Magistrate empowered to award - Held, whenever a Magistrate is of the opinion that the accused is guilty and that he ought to receive a punishment more severe than such a Magistrate is empowered to give, he may record his opinion and forward the accused to the Chief..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Order challenged on the plea that a blank cheque had been deposited with the complainant on 26.7.1990 and not on 11.7.1991 the date f the cheque and that the complainant had issued the receipt on 26.7.1990 and thus prosecution is barred by limita-tion -..........
Negotiable Instruments Act, 1881, Section 138 -- Notice of demand received by one of the accused - Notice to others received back with endorsement `Out of station' and `left without address' - No illegality - No inference in the summoning order...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Unless there is an allegation that the cheque bounced on account of want of sufficient funds, the complaint is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Power of attorney holder can file a complaint on behalf of the payee...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cause of action - Arises only on the expiry of 15 days notice period - Complaint filed before this period is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Returned with endorsement `unclaimed' - Amounts to acceptance and receipt of notice - Complaint is maintainable...........
