Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank draft sent after filing of complaint - Complaint cannot be quashed - Payment and receipt is to be proved by adducing evidence in support thereof...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque must be presented within six months to the bank of drawer and not to the bank of drawee - If cheque is not presented before 6 months to the bank of drawer then it would absolve him of criminal liability under the Negotiable Instruments Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Director - Complaint cannot be quashed on the ground that at the relevant time he was not the Director of Company as this question can only be decided at the trial...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2), 143 -- Cheque dishonoured - Sentence of fine of Rs.1, 25, 000/- - Power of Magistrate to impose fine Rs.5, 000/- only - Sentence of fine modified and fine of Rs.5, 000/- imposed and in default of payment of fine petitioner to further undergo 15 days simple imprisonment...........
Negotiable Instruments Act, 1881, Section 138 -- Company - Dishonour of cheque - Complaint filed by a person not authorised by company to present complaint against accused - Complaint not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Vehicle found defective against purchase of which cheque was issued - Cheque dishonoured - Accused is liable - It is altogether difference cause of action - Accused is entitled to proceed against the complainant in accordance with law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Limitation - Day on which cause of action accrues has to be excluded for reckoning period of limitation for filing complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Holder in due course - Loan taken from `A' - Cheque issued in favour of wife of `A' - Cheque dishonoured - Wife of `A' is entitled to prosecute accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Finding of civil court that cheques were issued towards legally enforceable debt and liability - Held, it is not open to Criminal Court to take different view...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Five cheques - One notice - Amount of each cheque mentioned specifically and separately - One complaint can be filed though there was one demand notice - In the instant case one complaint filed in respect of four cheques - No illegality...........
