Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - Handwritten note can be said to be a valid notice if it fulfills the mandatory requirements of 138(b) of Act, as Act does not prescribe any specific form of notice...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Limitation - Condonation of delay - Delay of 25 days in filing complaint - High Court quashed complaint on ground that complaint is barred by limitation when plea of limitation was taken for the first time before High Court - High Court ought to have remanded the matter back to trial Court for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of punishment - Cheque of Rs 6.19 lakhs dishonoured - High Court directed accused either to pay compensation of Rs.2 lakhs to complainant or to undergo imprisonment for two months - Courts not to award flea-bite sentence - Order of High court modified - Accused sentenced to undergo S.I of 6..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheque dishonoured at Vellore (Tamil Nadu) where bank on which it was drawn is located - Notice demanding payment sent to accused from Delhi - Issuance of statutory notice cannot constitute a valid ground for conferring jurisdiction upon Delhi court - Complaint transferred to Vellore..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Notice issued at place `G' - Issuance of statutory notice does not confer jurisdiction on Court at place `G' - Cheque issued and dishonoured at place `B' - Offence, if any, was committed only at place `B' - Complaint transferred from place `G' to place `B'...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Place, situs or venue of judicial inquiry and trial of offence must be restricted to where the drawee bank is located i.e. territorial jurisdiction is restricted to Court within whose local jurisdiction the offence was committed i.e. where cheque is dishonoured by the bank on which it is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Police complaint - Relief available u/s 138 of NI Act is in addition to contemplations in IPC - It is still open to such a payee recipient of a dishonoured cheque to lodge a First Information Report with the Police or file a Complaint directly before the concerned Magistrate - If payee succeeds in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Pending cases - This judgment is applicable to complaints that may be filed after its pronouncement - However, complaints in which recording of evidence has started as envisaged u/s 145(2) of the Act will continue to proceed at the place where it is pending - All other complaints..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to : (a) An offence u/s 138 of the Act is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that amount exceeds the arrangement made with bank; (b)..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 182(1), 184, 220 -- Dishonour of cheque - Offences triable together - If an offence punishable u/s 138 of NI Act committed as a part of single transaction with offence of cheating and dishonestly inducing delivery of property then in terms of S.182 (1) r/w S.184 & 220 Cr.P.C. such offence..........
