Negotiable Instruments Act, 1881, Section 138 -- Offence u/s 138 - Facts to be proved are: (a) that the cheque was drawn for payment of an amount of money for discharge of a debt/liability and the cheque was dishonoured; (b) that the cheque was presented within the prescribed period; (c) that the payee made a demand for payment of the money by giving a notice in writing to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque drawn in favour of `Self' - Cheque not endorsed in favour of complainant - Held, complainant is neither a payee nor a holder in due course - Dishonour of self drawn cheque does not amount to penal offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - During special leave before Supreme Court both parties filed joint petition for compromise - Compromise lawful - Permission granted to compromise the dispute - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Person incharge and responsible to the company - Quashing of complaint sought on ground that complaint when read as a whole not disclosing commission of an offence or that some of the accused are lawyers and/or other professionals who had no scope for direct participation in the conduct of business of the..........
Negotiable Instruments Act, 1881, Section 145, 138, Criminal Procedure Code, 1973, Section 200 -- Recording statement of complainant - Stands substantially dispensed with by insertion of S.145 in the NI Act - Affidavit of complainant can be filed - However, it is open to the discretion of the Judge to put questions to the complainant if he considers it necessary...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Power of attorney holder - Can file complaint on account of dishonour of cheque in the name of the principal...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 60, Power of Attorney Act, 1882, Section 2 -- All transactions in relation to dishonour of cheque undertaken by power of attorney holder in total exclusion of the payee or holder in due course - In such an eventuality, power of Attorney holder, in addition to his capacity to file complaint, alone..........
Negotiable Instruments Act, 1881, Section 138 -- Joint account - Person who draws the cheque is liable for the offence u/s 138 of the Act - Vicarious liability is available only in respect of offence committed by a company...........
Negotiable Instruments Act, 1881, Section 138 -- Limitation - In computing period of limitation the day on which cause of action arises has to be excluded...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - No form of notice is prescribed in the Act - Form in which notice is to be issued is immaterial...........
