Negotiable Instruments Act, 1881, Section 138 -- Notice - Returned with endorsement 'Intimated-Unclaimed' - Deemed service of notice - In absence of an averment in the complaint that accused is evading service, presumption as to deemed notice cannot be raised...........
Negotiable Instruments Act, 1881, Section 138 -- Debt or liability - Specific case of complainant that liability arose in joint business account of accused and his brother - No definite evidence showing joint business of accused and his brother - Complainant cannot tag this amount with that of accused under pretext of claiming as joint business - In view of specific case,..........
Negotiable Instruments Act, 1881, Section 138 -- Criminal Procedure Code, 1973, Ss.254 & 315 - Dishonour of cheque - Defence witness - Summoning of - Accused himself not examined as a witness - His application to summon defence witness cannot be rejected on the ground that he should first himself be examined as a witness...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent as per registered post and also through certificate of posting - Notice sent as per registered post received back with postal endorsement 'addressee left' - No evidence led that notice sent under certificate of posting was in fact served on drawer of cheque - No proper service of notice - Complaint therefore..........
Negotiable Instruments Act, 1881, Section 138 -- Cheque presented twice and dishonoured - Complaint filed on the basis of second dishonoured - Fact of dishonour of cheque when presented first not mentioned in complaint - Complaint cannot be said to be not maintainable for the reason that no legal action was initiated when cheque was dishonoured for the first time...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Conviction - In appeal parties compromised - Conviction and sentence set aside - Offence u/s 138 is compoundable under S.147 of Negotiable Instruments Act...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque dishonoured - Notice given - Payment not made - Cheque again presented and again dishonoured and once again notice given - Held, complaint is not maintainable - Once there is accrual of cause of action then limitation starts to run and it cannot stop for any reason - In case of dishonour of cheque cause of action..........
Negotiable Instruments Act, 1881, Section 138 -- 'Guarantee' - Cheque for Rs.22, 000/- issued against loan of Rs.20, 000/- for the due discharge of the liability (including interest) - Cheque dishonoured - It cannot be said that cheque is not issued for the due discharge of any legally enforceable debt/liability...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Notice not given to petitioner who was one of the directors of the company - He had not either drawn or signed the cheque - He was merely a non-executive Director of the Company - He had resigned from the Board of Directors before issuance of the cheque - It was accused No.2 who was in..........
Negotiable Instruments Act, 1881, Section 138(b), 141 -- Company - Dishonour of cheque - Director - Notice of demand not sent to the petitioner who is one of the Directors - Process issued against petitioner deserves to be quashed...........
