Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Jurisdiction - Courts where any of the five acts are done have jurisdiction to entertain complaint, viz. (a) Drawing of the cheque; (b) Presentation of the cheque to the bank; (c) Returning the cheque unpaid by the drawee bank; (d) Giving notice in writing to the drawer of the cheque demanding payment to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Transaction took place at Jaipur - Cheque issued of a bank at Delhi - Cheque presented at Mumbai - Notice issued from Mumbai where registered office of the complainant company is situated - Complaint filed at Mumbai - Held, Court at Mumbai has jurisdiction...........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Demand notice - Sent through registered post at correct address - Postal authorities sent intimation to accused about the registered cover - Held, it is proper service of notice...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Cheque amount Rs.50, 000/- - Accused sentenced and convicted to 8 months SI - In revision accused ready to deposit the amount - Request allowed - In the matter of dishonour o cheque, compensatory aspect remedy shall be given preference than the punitive aspect..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - From a Court within jurisdiction of one High Court to a Court within jurisdiction of another High Court - Petition for transfer of complaint is maintainable in the High Court having supervisory jurisdiction of Court where complaint is filed...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Expert opinion - Dishonour of cheque - Comparison of disputed document with admitted document - Duty of Court - Held, Court should be slow to compare disputed document with admitted document for comparison although S.73 empowers Court to compare disputed writings with specimen/admitted..........
Negotiable Instruments Act, 1881, Section 138, 142, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Legally enforceable debt and liability - Presumption as to - Rebuttal thereof - Held, as per S.139 of the Act, it is burden of accused to rebut presumption as S.139 of the Act provides that once cheque contains signature of a particular accused, it has to be presumed..........
Negotiable Instruments Act, 1881, Section 138, 93, 141 -- Dishonour of cheque - Offence committed by Govt. company - Notice of dishonour issued only to company and not to its Managing Director and General Manager - Held, M.D. and G.M. cannot be prosecuted for want of statutory notice - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Question of loss of cheque book - Held, this is a disputed question of fact which can be looked into by trial Court - It is not desirable on the part of High Court to form any opinion with incomplete evidence before it - Proceedings..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Filing of - Notice was sent on 15.11.2003 - Complaint was filed after 46 days on 01.01.2004 - Held, period of 45 days is required to be calculated from the date of receipt of notice - Since last date of limitation fell during Christmas holidays, complaint could be presented by petitioner..........
