Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Complaint filed against proprietorship concern through its proprietor but name of its proprietor not mentioned - Name of proprietor sought to be inserted by way of amendment - Amendment allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Proprietorship concern - It can be described as M/s ABC through its proprietor (Name of proprietor) or proprietor (name of proprietor) of firm M/s ABC etc. - It makes no difference - It does not cause any prejudice to the accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Period of one month for filing complaint has to be reckoned from the date immediately following the day on which the period of 15 days from the date of receipt of notice by the drawer expires...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Cheque also subject matter of arbitration proceedings - Not a ground for stay of complaint u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 31 -- Bank wrongfully dishonoured cheque and illegally debited Rs.610/- from account of account holder - Held, account holder is entitled to damages without proof of special loss or damages - Award of Rs.2500/- as general damages is proper...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Petition for quashing - High Court dismissed petition for quashing complaint but transferred the case to another Court for which there was no prayer - Order of High Court set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hire purchase agreement for vehicle - Evidence with regard to legally enforceable debt - Except the finding that the complainant was unable to establish the legally enforceable debt, all other formalities to be complied with under the Act had been satisfied - Therefore, further opportunity to both..........
Negotiable Instruments Act, 1881, Section 138 -- Goods purchased on credit - Cheques issued in advance - On the date of issuance of cheque there was nothing due towards the drawer of cheque - Cheque issued was not in discharge of legally enforceable debt - Accused not liable as cheque was issued in advance when there was no legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent without signatures of Advocate on it - Notice received by drawer - Held, there is sufficient compliance with the provision and all other contentions to the contrary cannot be accepted at all...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Cheque - Correction in amount of cheque without consent of maker of cheque - It is material alteration which amounts to cancellation of the instrument - Criminal prosecution cannot be launched on it...........
