Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - `Stop payment' - Sufficient funds in account of drawer - Payment of cheque was conditional - Drawer stopped payment when complainant failed to fulfill condition regarding delivery of possession of land - Cheque was not dishonoured for insufficient funds or exceeding arrangement of funds in the account -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount paid before filing of complaint - Plea that payment not made within the stipulated period in notice - Legal liability ceased to exist - No useful purpose would be served in allowing the compliant to proceed any further - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Criminal complaint - Non-appearance of complaint - Acquittal of accused - Remedy thereagainst - Held, where complainant is absent and complaint is dismissed u/s 256 of Cr.P.C. it results in statutory acquittal of accused - If there is an acquittal of an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sufficient details of cheque not given - Notice is invalid - Any proceedings in pursuance thereof is illegal and is liable to be set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Propriety - Complainant did not adhere to his case set out in complaint namely that loan was given at a stretch and on contrary admitted that it was given on two occasions - As per complainant, accused had agreed to pay same within one year, however, complainant is silent even on aspect as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of post dated cheque against purchase of goods - Accused asked the complainant to take back goods as he was closing business - Held, issuance of cheque was towards legally enforceable debt - Stopping payment after receiving goods does not exonerate accused of his liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Filing of civil suit - Not a bar for prosecution of criminal offence committed u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Hindu Undivided Family - Cheque in question not issued in respect of an account maintained in name of HUF - Held, such HUF or members of HUF cannot be held liable for dishonour of such cheque...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by HUF - Cheque issued by Karta of HUF i.e. father in respect of bank account maintained by him in his own name - Petitioner/daughter who is also arrayed as co-accused sought quashing of complaint - Petitioner not shown to be a joint account holder along with her father to sow that cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheque issued towards balance sale consideration amount - Agreement rescinded - Complainant is entitled to receive the balance consideration amount only on execution and registration of the sale deed - Payment of balance consideration amount is not legally enforceable debt - Even otherwise if..........
