Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Part of cause of action - Held, if complainant calls upon accused to make payment at place mentioned in demand notice and accused fails to make payment at that place, part of cause of action would undoubtedly arise at that place - Thus, court in whose territorial jurisdiction accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Burden of proof - Trial court dismissed the complaint by relying upon statement of complainant that he had given cash to accused and thereafter accused gave him a cheque in order to guarantee - Held, here guarantee has been used in a very loose manner by revisionist/complainant - It certainly does not..........
Negotiable Instruments Act, 1881, Section 138 -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presentation of cheques - Interim injunction - Maintainability of compliant u/s 138 of NI Act - 1st respondent issued notice to petitioner demanding to pay the cheque amount - Petitioner issued reply notice and thereafter he filed O.P. and obtained interim injunction against 1st respondent preventing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Injunction by civil court from proceeding with the presentation of cheque for encashing them pending disposal of Arbitration proceedings - Held, injunction is against the statutory provisions in Ss.138, 141 & 142 of NI Act - Injunction is to be deemed to be non est (with regards to the criminal..........
Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 21 -- Dishonour of cheque - Matter referred to Lok Adalat - Award based on compromise - It is a decree and is executable by Civil Court irrespective of the fact that reference was made by a Criminal Court - Act does not make out any distinction between the reference made by a Civil..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Accused availed loan of more than Rs.175 Crores and towards the discharge of their partial liability two cheques have been given by second petitioner on behalf of first petitioner company for Rs.30 Crores - Further, on the date of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question does not bear signature of accused - It has also come in evidence that accused did not close his account but it was closed by bank itself on very day (Day of dishonor of cheque) since there was no balance for debiting the service charges - Held, accused has rebutted the presumption..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Complainant failed to prove that demand notice was ever sent to accused - Acquittal - Validity - Held, proviso appended to S.138 of the NI Act contains a no, obstante clause that nothing contained in the main penal provision shall apply unless the requirements, including that of demand notice..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - One portion of cheque containing signature of drawer produced with complaint - Partial destruction of instrument narrated as snatching by accused and destroying a portion of the cheque - Plea of accused that he cannot be prosecuted on the basis of a mutilated cheque that does not even contain the number..........
