Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused is that complainant has stolen cheque from him in his house - Plea held, not tenable as accused admitted his signature and contents of cheque - Even, accused could have replied to legal notice stating that cheque has been stolen from him - Moreover, accused has not chosen to file any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Service of notice - If service is refused or service by absence could not be made effective, service could be deemed sufficient as per law - But in any case 15 days time prescribed by law should always be fulfilled to maintain complaint u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Service of notice - Complaint is maintainable u/s 138 of the Act, only when it is filed after due service of notice as contemplated u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Premature complaint - Complaint filed before expiry of 15 days time prescribed by law - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Applicability of S.143-A of the Act - Complaint lodged by complainant on in year 2017 and provision of S.143-A of the Act came into force in year 2018 therefore, act constituting offence had occurred prior to introduction of S.143A of the Act - Thus, provision of S.143-A of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Issued beyond 30 days from the date of return memo - Complaint is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Order 6, Rule 17 -- Dishonour of cheque - Amendment of complaint - Name of branch of bank on which cheque is drawn sought to be corrected by effecting amendment - Amendment cannot be said to be intentional act on part of complainant - Complainant was nothing to be gained by not mentioning correct..........
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Order 6, Rule 17 -- Dishonour of cheque - Amendment of complaint - Negligence in pleadings cannot be considered to be an inherent lacuna in prosecution case - Application for amendment rightly allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed on the basis of dishonour of cheque for the second time - Fact of cheque dishonoured earlier concealed in the complaint - Cheque dishonoured for the second time was presented for encashment within its validity period of three months - Complaint is maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant for cross-examination - Complaint filed in year 2016 and owing to dilatory tactics played by accused evidence of complainant closed and revision preferred was rejected - In year 2020 accused seeking opportunity to recall complainant for..........
