Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not sent within 15 days of receipt of information from the bank regarding the return of cheque unpaid - It was a mandatory requirement - Conviction recorded by two courts below set aside...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cognizance taken on the basis of affidavits - Plea that order taking cognizance on the basis of affidavits alone is improper and illegal and that it is mandatory to record statement of complainant as well as witnesses before taking cognizance - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by a partnership firm dishonoured because of `death of partner' - Ground on which cheque was dishonoured does not fall within the purview of Section 138 of the Act - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Signatures admitted but handwriting denied - Reply not given to the demand notice - Thereafter accused took plea of loss of cheque - Held, defence of accused can be considered at time of final adjudication of matter - Application of accused merits..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Three cheques issued on three different dates and cheques dishonoured on three different dates and three separate statutory notices issued in respect of dishonour of each cheque - Not a single transaction - Three separate complaints are maintainable...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Sale agreement - Cheque issued to refund payment of earnest money in eventuality of sale agreement not materialising - No evidence of execution of sale agreement - Eye witness to the sale agreement also not produced - Held, cheque was not issued for discharge of any liability - To establish his..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued to discharge the liability of another person - Cheque dishonoured - Person issuing the cheque is liable u/s 138 of the Act and not the person whose liability was discharged...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - An action in respect of a criminal or a quasi criminal provision has to be strictly construed in keeping with the provisions alleged to have been violated - Proceedings in such matters are in personam and cannot be used to foist an offence on some other person, who under the statue was not liable for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - To attract the provision of S.138 of the Act, a cheque which is dishonoured should have been drawn by a person on an account maintained by him with the banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part of any debt or other..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence by way of affidavit at pre-summoning stage - Same evidence is to be read by Court at post summoning stage and the witness need not be called at post summoning stage unless Court, for reasons, considers it necessary...........
