Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - As per S.138 of the Act, notice should be sent in writing but there is no requirement that notice should be sent by registered post only - Sending of telegram demanding payment is sufficient compliance of requirement of law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Enhancement of sentence - In the instant case, accused is not imprisoned but only sentenced to pay fine of Rs.2 lakhs and in default, to suffer S.I. for 3 months for dishonour of two cheques amounting Rs.1 lakh each - As per S.138 of the Act, it is permissible to pass sentence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - S.138 of the Act only requires sending of `notice in writing' - It does not say that it should necessarily be sent by registered post A.D. - Sending of telegrams after dishonour of cheques demanding payments, is sufficient compliance of requirement of law that complainant should give notice in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Mere fact that surname of proprietor is wrongly mentioned, it cannot be said that notice is bad, particularly, when notice is correctly issued to proprietorship firm which issued the cheques...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Registered A.D notice served upon accused and this fact is proved by post office - Although accused denied that he has signed delivery list, still this document is given from records of post office maintained in ordinary course of business - Official acts can be presumed to have been regularly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused sentenced to pay fine of Rs.50,000/- only by trial Court, though amount of cheques is 2 lakhs - Keeping in view the fact that more than 20 years has elapsed from date of dishonour of cheques, accused is sentenced to pay fine of Rs.4 lakhs and in default to suffer S.I for 3 months...........
Negotiable Instruments Act, 1881, Section 138, 6, 5 -- Dishonour of cheque - Document which complainant relies on as a cheque, in fact is a withdrawal slip and not cheque - Acquittal of accused by trial Court is possible view - No reason to interfere in order of acquittal - Application seeking leave against acquittal dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued but proceedings not initiated - Cheque presented for the second time and again dishonoured - Proceedings initiated on the basis of dishonour of cheque for the second time - Held, complaint is maintainable. (2013(3) Apex Court Judgments 489 (S.C.) : 2013(4) Civil Court Cases 293 (S.C.) :..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Successive presentation of cheque - Neither S.138 of the Act nor S.142 of the Act or any other provision contained in the Act forbids holder or payee of cheque from presenting the cheque for encashment on any number of occasions within a period of six months of its issue or within a period of its..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Modification of sentence - Accused convicted and sentenced till rising of Court and to pay fine of Rs.7 lacs which is reduced to Rs.5 lacs by appellate Court - There is no need to further modify sentence awarded to accused as Courts below already taken a lenient view while..........
