Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards advance payment - Indicates that at the time of drawal of cheque, there was no existing liability - Offence u/s 138 of the Act is committed only when there is legally enforceable debt or other liability subsisting on the date of drawal of cheque - In other words, drawal of cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards advance payment - If a cheque is issued as an advance payment for purchase of goods and for any reason purchase order is not carried to its logical conclusion either because of its cancellation or otherwise, and material or goods for which purchase order was placed is not supplied,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand for more amount than the cheque amount - Notice is improper notice - Complaint not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt or other liability - Debt which cannot be recovered in a civil suit cannot be recovered by way of instituting a criminal case u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as collateral security - Held, collateral security cannot be executed or enforced by way of filing a criminal proceedings u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - No person can be convicted or prosecuted in a proceeding u/s 138 of the Act, who indemnifies the principal debtor for his liability towards the complainant unless such guarantor enters into an agreement with the holder of the cheque...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - Period u/s 138(b) of the Act has to be reckoned from the actual date on which information regarding dishonour of cheque reached the payee...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - The thrust of S.138 proviso (a) of the Act is to the `presentation' of cheque to `the bank' which obviously is the drawee bank and not any other bank as payee wishes - But thrust of S.138 proviso (b) of the Act is to the date of receipt of information regarding dishonour by payee...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan admitted - Plea of return of loan - Repayment of loan entered in a diary, which is alleged to bear the signature of complainant - Complainant denied her signature - No evidence to prove the alleged signatures of complainant - No handwriting expert examined to prove the alleged signature of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan admitted - Plea of return of loan - Receipt acknowledging repayment of loan not taken - Cheques not taken back - Plea that parties have cordial relations and both of them are living in the same house - Plea not accepted - Complainant did not extend loan to accused without taking cheques from him as..........
