Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Cheque issued for part payment of outstanding bills - Cheque dishonoured - By issuing notice demand made of payment of pending bills and not cheque amount - Held, notice is not valid...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - An omnibus notice without specifying as to what was the amount due under the dishonoured cheque does not subserve the requirement of law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Delay of 10 days in filing complaint - Application for condonation of delay not filed - Magistrate took cognizance and issued process - Order taking cognizance and issuing process set aside - Case remanded - Magistrate directed to give an opportunity to complainant to file a petition to condone the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Complaint against company and its Directors - Plea of petitioners that they were not Directors at the time when cheque was issued - Form No.32 under the Companies Act, 1956 placed on record but there is nothing to show as to when the same was received by the Registrar of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 2(d), 200 -- Dishonour of cheque - Complaint - It is not necessary to insist on personal appearance of complainant invariably in all cases when complaint is presented...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Payment after commission of offence - Once the offence is committed, any payment made subsequent thereof, will not absolve the accused of the liability of the criminal offence, though in the matter of awarding of sentence, it may have some effect on the Court trying the offence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Refusal - Refusal to accept has always been considered as good service...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Termination of service of employee - Accused No.1 Managing Director of company, accused No.2, and partner of firm, accused No.3 - Complainant proved that accused issued the cheque to meet the liability of the company and firm whose Managing Director/partner he was - Accused failed to prove that he stood..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Repayment alleged - Receipt produced in defence evidence - In rebuttal complainant filed an affidavit that he never issued such receipt and it does not bear his signature and it is forged - Complainant once again cross examined and he once again denied his..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - As per agreement of parties one month's notice was required to be given prior to presenting the cheque in bank - Notice not given - Enforceability of the debt is not to be tested on touchstone of the procedure provided by the parties in an agreement - Defence of not giving one month's notice..........
