Negotiable Instruments Act, 1881, Section 138 -- Notice - Mentioning of 15 days' time for payment is not necessary in the notice, as it is not contemplated in the Section...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If complaint is filed before the expiry of the fifteen days from the date of receipt of the notice, then, the complaint would become premature and the proceedings would be vitiated...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Complaint against Directors, Chairman, Manager etc. with clear averment in the complaint that they were responsible for non payment of the amount after receipt of notice within statutory period - Complaint held, maintainable and not liable to be quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 245 -- Dishonour of cheque - Complaint - Trial commenced and one P.W. examined - Trial Court cannot discharge the accused under Section 245 Cr.P.C. once trial has commenced...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence under S.138 is not a cognizable offence - Police has no right to intervene so far as this offence is concerned...........
Negotiable Instruments Act, 1881, Section 138 -- Accused convicted and sentenced to undergo R.I. for six months and fine of Rs.5, 000/- ordered to be paid to the complainant - Sessions Judge ordered the release of accused on Probation - Fine converted into Prosecution expenses as the P.P. had also appeared - High Court modified order and Fine ordered to be paid to the..........
Negotiable Instruments Act, 1881, Section 138 -- Summoning order - Recall - A summoning order cannot be recalled by the Court issuing it on the basis of probabilities and on the basis of the version given by the accused in his objection...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque issued by Respondent No.3 in her individual capacity and not as a partner of the firm - Respondents Nos.2, 4 & 5 not liable to be prosecuted...........
Negotiable Instruments Act, 1881, Section 138 -- `Legally enforceable debt or liability' - Amount payable in 1991 - Drawer issuing blank cheque in 1996 - Cheque dishonoured - By the time the cheque was issued the amount payable was barred by limitation because no acknowledgment was obtained before the expiry of 3 years - The debt was not legally enforceable at the time of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice not issued within 15 days of the receipt of information from the Bank and drawer not afforded an opportunity to make payment of the cheque - Continuance of the proceedings is an abuse of the process of the Court...........
