Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent without signatures of Advocate on it - Notice received by drawer - Held, there is sufficient compliance with the provision and all other contentions to the contrary cannot be accepted at all...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Cheque - Correction in amount of cheque without consent of maker of cheque - It is material alteration which amounts to cancellation of the instrument - Criminal prosecution cannot be launched on it...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque returned by bank with endorsement 'account closed' - It amounts to returning of cheque unpaid - Accused held guilty under Section 138 of Negotiable Instruments Act...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent by Registered post at correct address - Notice received back with postal endorsement 'house locked' - Complaint cannot be dismissed at the threshold on the ground that there is no proper service of notice - Notice whether has been served has to be decided during trial - Burden is on complainant to show that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Failure of complainant in establishing liability of accused in respect of cheque issued - Also as per evidence of handwriting expert, material alterations were made in date of cheque to bring it within validity period for purpose of limitation - Acquittal of accused held,..........
Negotiable Instruments Act, 1881, Section 138 -- Body of cheque - Need not to be written by the signatory to the cheque - A cheque can be filled up by anybody if it is signed by the account holder of the cheque, accepting the amount mentioned therein...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 482 -- Offence u/s 138 Negotiable Instruments Act - Complaint - Summoning order - Defective statutory notice - Order of summoning cannot be recalled as there is no provision in the Code - Remedy lies by filing a petition u/s 482 of the Code...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Dishonour of cheque - Letter a communication only or a notice - Make the payment or face legal action - Held, letter qualifies itself as a notice...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Communication of dishonour of cheque dt.30.10.1999 received on 3.11.1999 and notice issued within 15 days of receipt thereof - Validity of notice challenged - Complaint cannot be quashed on this ground as it is a matter of evidence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint against husband and wife - Cheque issued by wife - No allegation in complaint that husband has been doing business alongwith his wife and that the cheques were issued in discharge of her liability - Held, proceedings against husband not sustainable...........
