Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account - Account could be operated by anyone - Non signatory of the cheque is not liable for the offence committed u/s 138 of N.I. Act - Under S.138 of the Act, the person who is drawer of the cheque can only be prosecuted and not the other except the contingencies mentioned u/s 141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of Cheque - Joint account of husband and wife - Husband issued cheque drawn to joint bank account to discharge his liability - Wife neither having dealings with the petitioner nor drawer of cheque - Held, wife is not liable - Proceedings against wife quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Mere issuance of notice at a place does not confer jurisdiction in a Court at that place, when everything constituting cause of action took place within jurisdiction of another Court...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Managing Director negotiated loan - Cheque issued by company for repayment of loan - Managing Director resigned - Cheque dishonoured thereafter - Managing Director who had negotiated loan cannot escape liability though he had resigned - It was he who had taken responsibility to accept..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties compounding offence during revision - Allowed - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compounding of offence - Complainant received the amount involved in the cheque - Complaint having no objection for quashing the proceedings - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent through registered post - Notice received back with postal endorsement 'Unclaimed' - Held, presumption is of due notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Sufficient money to honour the cheque was not in the account - Accused is liable under the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed - Regarding same very cheques FIR lodged u/ss 420, 406 IPC - FIR quashed. (Indian Penal Code, 1860, Ss.420, 406)...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of Cheque - Conviction - Sentence of fine and compensation - Both cannot be imposed at a time - Matter remanded for imposing effective sentence...........
