Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conditions required to be complied with before taking cognizance are (i) that the cheque must be presented within a period of six months from the date on which it is drawn; (ii) on the cheque being returned un-paid by the banker, a notice has to be issued within thirty days from the date of receipt of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Cheque amount Rs.7.2 lakhs - Accused taking plea that signed cheques were stolen by his employee who had close relationship with complainant - Accused had also lodged a report with police and instructed his Bank to stop payment - Plea of complainant of cash payment -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Payment made - Complainant not agreeable - Held, even if cheque amount is paid it does not absolve accused of criminal offence if complainant is not agreeable to the compromise...........
Banking service -- Cheque clearing - Direction issued by National Commission dated 14.7.2008 ordered to be published in two leading Newspapers for making known to public - Responsible officer from the Board of Payment and Settlement Systems of the RBI directed to remain present personally on 27th August, 2008 before the National Commission...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Necessary ingredients of the offence are : (1) a cheque was issued; (ii) the same was presented; (iii) it was dishonoured; (iv) a notice was served on the person sought to be made liable and; (v) despite service of notice, neither any payment was made nor other obligations, if any, were complied with..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Chit fund - Non payment of amount by chit fund - Cheque issued for payment of due amount dishonoured - The act of not honouring the cheque amounts to deficiency in service...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent through e-mail - A notice demanding payment of amount under a dishonoured cheque can be sent electronically as well - No format is prescribed in respect of demand notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Two cheques - Accused making payment in respect of one cheque - Accused failed to make payment in respect of second cheque within 15 days of demand notice - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Filing of complaint - Limitation for - Held, payee has got a right to send cheque to bank for a number of times he pleases during period of its validity - Limitation period for sending notice would start only from date of receipt of last information regarding non payment of cheque - Position would have..........
Negotiable Instruments Act, 1881, Section 138(c) -- Dishonour of cheque - Issuance of notice - Mentioning or no, mentioning of time for payment of dishonored amount - Held, statutory time of 15 days has been provided in clause (C) of proviso to S.138 of the Act and if any other period is mentioned in notice or no period is mentioned in notice, the notice shall not be..........
