Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Second demand notice - Issuance of - Held, cheque can be presented any number of time and on each presentation of cheque and its dishonour a fresh right and not a cause of action accrues in favour of payee - But once a notice u/clause (b) of S.138 of the NI Act is received by drawer of cheque,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Limitation - First legal notice was issued on 16.09.1998 - - Second legal notice on 08.10.1998 - Complaint filed on 12.11.1998 - Held, complaint is barred by limitation...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Prosecution of employee and directors - No specific averment attributing specific role describing the manner as to how petitioners were i, charge and responsible to the conduct of business affairs of company -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed beyond limitation - It is incumbent upon complainant to file complaint petition within one month from the date on which cause of action arose - Court below took cognizance in violation of provision of S.142 of NI Act - Order taking cognizance quashed...........
Negotiable Instruments Act, 1881, Section 138, 3, 72 -- Dishonour of cheque - Expression "presentation of the cheque to the bank" used in S.138 - Held, it refers to only drawee bank - Payee's bank has no relevance for the purpose of constituting an offence u/s 138 of the NI Act - What is required under the section is dishonour of cheque by drawee bank - Payee's bank rather..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200, 482 -- Summoning order - Quashing of - Contention that affidavit filed by complainant with criminal complaint was inadmissible in evidence since the same is not signed by deponent - Held, petitioner may take such plea of defence before trial Court - No illegality in impugned..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Nothing in complaint that respondent was responsible for day to day functioning of firm - Firm not made a party - Other cogent reasons given in support of acquittal - Order calls for no interference...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cognizance of offence - Common notice in respect to all cases and cheques allegedly dishonoured are of different amounts and are of different dates - Absence of specific demand under the notice - Held, notice issued by respondent/complainant cannot be treated as a valid notice for the purpose of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Clear admission by accused that amount mentioned in cheque was paid by first respondent/complainant by way of cheque - Held, in view of such clear admission, burden of proving discharge of debt shall be on petitioner/accused, which he has not discharged..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of case - Petitioner/accused is a lady - Private complaint filed against her is for an offence u/s 138 of NI Act - Case is pending before Magistrate Fast Track Court specifically constituted for speedy disposal of cases u/s 138 of NI Act - No valid..........
