Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Sending demand notice from a particular place does not by itself confer jurisdiction on Court at that place when cheque was presented to a bank outside that place and there is no other ground which would confer jurisdiction on that Court - Court at such a place has no jurisdiction...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Petitioner Manager of the partnership firm - Cheque neither signed nor issued by petitioner and cheque also not issued from account maintained by him - Nothing in complaint to show that he was responsible for the conduct of business of the company, or was in-charge or, and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Age of writing on cheque - There is no scientific method available for ascertaining age of writing - Sending documents for opinion as to age of writing is a futile exercise - Accused cannot be permitted to send documents to ascertain age of writing for expert opinion...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Holder in due course - Endorsement overleaf not made enabling complainant to possess same in his own name so as to receive contents thereof from accused - Complainant not a holder in due course - Moreover payee not examined to prove that consideration passed to him at the time of transfer and it was..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Vicarious liability of Directors - Accused resigned from Directorship of Company much before cheques were presented for encashment - No case of complainant that accused continued to occupy position of persons in charge of and responsible for conduct of day-to-day affairs of company -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Determination of age of ink used - Application for - Allegation of misuse of signed blank cheques - Application filed about 8 year of issuance of cheques in question for determination of age of signature and writings on the cheques - Disputed cheque admittedly signed by petitioner - Held, age of ink..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Part payment made - Payee presented the cheque for encashment of whole of the amount - Payee could make an endorsement on the cheque acknowledging the part payment received by him and then presenting the cheque for encashment of only the balance amount due and payable to him - S.56 of the Negotiable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of Interest, compensation, incidental expenses etc. - Held, If the payee of the cheque makes some demands on account of interest, compensation, incidental expenses etc. that would not invalidate the notice so long as the principal amount demanded by the payee of the cheque is correct and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Question of sending cheque to FSL for comparison of signatures arises only when accused comes forward with the specific plea that the said cheque was not signed by her...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of signatures on cheque by FSL - Cheque can be sent for comparison of signatures only when there is a specific plea that the said cheque was not signed by her - In reply to the notice accused stated that the said cheque was not issued by her and it was not stated that it was not signed by her..........
