Negotiable Instruments Act, 1881, Section 138 -- Limitation - One month - Period of one month cannot be read/taken as period of 30 days...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Not issued within 15 days of receipt of notice from bank regarding dishonour of cheque - Notice is not valid...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint barred by limitation - Magistrate cannot take cognizance of same by treating complaint as one under Indian Penal Code regarding offence of heating where complaint does not make out case of offence under Indian Penal Code...........
Negotiable Instruments Act, 1881, Section 138 -- Components of the offence of dishonour of cheque, punishable u/s 138 of N.I. Act are: (1) Drawing of the cheque; (2) Presentation of the cheque to the Bank; (3) Returning the cheque unpaid by the drawer bank; (4) Giving notice in writing to the drawer of the cheque demanding payment of the cheque amount; and (5) Failure of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Business transaction taking place at a number of places - Complainant can file complaint in any of the Courts where transactions took place - Choice is of the complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Goods supplied at Delhi - Post dated cheque issued at Delhi - Complainant company located in Gujarat but having bank account at Delhi also - Cheque presented at Delhi and dishonoured - Notice issued by complainant company and received by accused at Delhi - Complaint filed in Gujarat state..........
Negotiable Instruments Act, 1881, Section 138 -- Company - Sick company - Winding up petition pending - Held, when complaint u/s 138 of N.I. Act was filed, no decision was taken by Board for winding up the company - Pendency of proceedings for winding up does not affect prosecution...........
Negotiable Instruments Act, 1881, Section 138 -- Loan taken from finance company - Promissory notes for various amounts executed - There was no reason to issue cheque at the same time - This probabilises that cheque was issued only as a guarantee for the amount payable by the accused...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque issued as a guarantee - Dishonour of cheque - Offence u/s 138 is not made out - Acquittal upheld...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254(2) -- Cheque - Request to send the cheque to handwriting expert for examination - Every such request not to be allowed - It is for the trial Court to alertly consider the acceptability of such request and ensure that the cheque is forwarded to the expert only if satisfactory reasons..........
