Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Notice after dishonour of cheque issued from place `H' - Held, Court at place `H' has territorial jurisdiction to entertain and try the lis between the parties...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - Cheque can be presented any number of times within its period of validity and on each dishonour of cheque a fresh right is created - Cause of action accrues only when notice is issued - Once cause of action accrues then complaint has to be filed within period of limitation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning on basis of photocopies of cheque and bank memos - Summoning order suffers no illegality...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Table appended to S.320 Cr.P.C. is not attracted as provisions mentioned therein refer only to provisions of IPC and none other...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence by Advocate - When authority is granted by a litigant in favour of Advocate which empowers the latter to enter into a settlement, any settlement arrived at, on behalf of a party to a lis is binding on the parties...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Rebuttal - Not necessary for accused to produce evidence - Accused can discharge the onus placed on him even on the basis of material brought on record by the complainant...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Rebuttal - Loan of Rs.25 lacs - Complainant himself was in debt - No evidence produced to prove financial viability of complainant to raise such huge amount - Conviction of accused merely because he admitted his signature on disputed cheque not proper - It..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Notice - Composite notice of more than one cheque is valid...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque alleged to be issued at the time of joining the committee being run by complainant - Financial condition of complainant not such as to lend an amount of Rs.80, 000/- - No offence is committed u/s 138 of the Act when such a cheque is dishonoured...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise in revision - Offence under Act is compoundable - Complainant permitted to compound offence - Accused acquitted...........
