Negotiable Instruments Act, 1881, Section 138, 142 -- Notice - 15 days period - First day of receipt of notice has to be excluded...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Company - Complaint by Director - Held, without authorisation a Director or any similarly situated person cannot maintain a complaint...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Counter complaint by drawer of cheque u/ss 409, 420 & 463 etc. IPC alleging that cheque by merely signing it was given whereas name and amount was filled by the payee himself - Quashment of counter complaint sought - Question whether cheque is..........
Negotiable Instruments Act, 1881, Section 138, 142, Limitation Act, 1963, Section 5 -- Delay in filing complaint - Cannot be condoned u/s 5 Limitation Act - Magistrate has no jurisdiction to entertain the complaint filed beyond one month from the date of accrual of cause of action...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Cheque - Dishonoured - Jurisdiction - Cheque issued drawn on Bank at place `S' - Cheque presented for collection at place `J' - Cheque dishonoured - Held, courts at place `J' has jurisdiction to try the offence...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Payee or any person authorised by the payee can make a complaint...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Continuing offence from 16th day of receipt of demand by drawer if amount remains unpaid - But only one complaint is maintainable - Repeated, multiple or successive complaints in respect of same cheque - Not permissible...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Complaint against partners - Firm not a party - Complaint cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Cheque - Can be presented any number of times within a period of six months from the date on which it is drawn or within the period of its validity, which ever is earlier - Cause of action arises only on issuance of notice and non payment within 15 days - When notice is issued and payment is not made offence stands..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Notice - Service of notice is essential to constitution the offence...........
