Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.3.21 crores - Account settled through a mutual meeting and net payable amount reduced to Rs.2.87 crores - Notice issued demanding Rs.2.87 crores - However, on account of subsequent talks between parties an amicable settlement arrived at - Amount agreed to be paid Rs.1.80 crores to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Non appearance of complainant - Dismissal in default - Amounts to acquittal as contemplated u/s 256 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Debt or liability - Promissory note executed - Word `security' used in promissory note - It implies that once amount is paid cheque has to be returned - In case amount was not paid then cheque was liable to be presented for otherwise there was no logic or reason for their having been issued and handed..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- As amended by Negotiable Instruments (Amendment) Second Ordinance, 2015 - Dishonour of cheque - Complaint - Territorial jurisdiction - Place where a cheque is delivered for collection i.e. branch of bank of payee or holder in due course, where drawee maintains an account would be determinative of place of..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- As amended by Negotiable Instruments (Amendment) Second Ordinance, 2015 - Dishonour of cheque - Complaint - Territorial jurisdiction - Cheque drawn at place `C' - Cheque presented for collection and dishonoured at place `I' - Court at place `I' has territorial jurisdiction to entertain the complaint u/s 138 of the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Essential ingredient for attracting liability u/s.138 of Act is that the person who is to be made liable should be drawer of cheque and should have drawn the cheque on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for discharge,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Plea of missing cheque book and that complainant filled the amount on a blank cheque and thus committed a forgery - Contention rejected as accused neither produced application or a copy thereof by which he had stated the loss of his cheque book, nor he filed any copy of report made to police - More..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Cheque amount Rs.25,000/- - Accused sentenced to one year imprisonment and to pay fine of Rs.30,000/- and also to pay compensation of Rs.25,000/- to complainant - Matter 18 years old - Amount of fine and compensation already paid - Sentence reduced to period already gone which is..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Simply because someone is a Director in a company, he cannot be held responsible in respect of a cheque issued on behalf of company - However, if concerned Director is i, charge of and is responsible to the company for its conduct of business, he can be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Quashing of complaint - When there was an allegation to the effect that Directors were involved in day-to-day business of company, High Court ought not to have quashed the proceedings against such Directors - Moreso, notice issued to company was refused..........
