Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Irrespective of complaint proceedings u/s 138 of the Act creditor has right to institute civil suit for recovery of his debt and same is recoverable only if it is a legally enforceable debt or other liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Determination of age of cheque and ink on the cheque - No pleadings or submission in this regard while replying to the notice or making submissions before Court - Moreover, signatures admitted by petitioner and other parameters appearing to be in conformity with provisions of the Act, which deprives..........
Criminal Procedure Code, 1973, Section 265A, Negotiable Instruments Act, 1881, Section 138 -- Plea bargaining - Offence u/s 138 of N.I.Act - It may not be appropriate for trial Court to take recourse to plea bargaining process under Chapter XXIA Cr.P.C. in relation to complaints for offence punishable u/s 138 of N.I. Act - If parties are willing, trial Court should..........
Criminal Procedure Code, 1973, Section 265A, 357(3), Negotiable Instruments Act, 1881, Section 138 -- Plea bargaining - Offence u/s 138 of N.I. Act - Sentence to pay compensation along with default sentence without any substantive prison sentence or sentence to pay fine - Unsustainable, as it is illegal...........
Evidence Act, 1872, Section 138 -- Cross-examination of PWs - Opportunity granted subject to payment of costs to be deposited within 15 days - Delay in deposit by 9 days - Delay explained in application for extension of time - Order declining extension of time set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of six cheques - Cheques issued in consequence of OCC/OD limit of Rs.50 lakhs availed by accused from complainant bank which makes a legally enforceable liability qua accused - Cheques and demand notices issued on different dates constituting separate cause of action - It does not form one single transaction rather..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 30 -- Dishonour of six cheques - Default sentence - Accused directed to pay a fine of Rs.1 lakh in each compliant as compensation to complainant bank and in default of which further to undergo S.I of 1 month for each complaint cases by Trial Court - It shows nothing biased/adverse qua..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Notice - Offence by company - Where drawer of dishonoured cheque is company, then statutory demand notice shall mandatorily be served on drawer company, but separate individual notices to individual directors and officials of company is not mandatory...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Where drawer of dishonoured cheque is company, then prosecution for offence u/s 138 of the Act is not maintainable without arraying principal offender (drawer of cheque) as accused in such complaint...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - If no offence is made out against accused/drawer company, then question of convicting individual directors and officials of that company on basis of vicarious liability u/s 141 of the Act does not arise...........
