Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in discharge of liability - Subsequently demand draft issued to discharge the liability - Cheque presented and dishonoured - Complaint filed - Complainant not admitting the fact that by issuing the demand draft accused had discharged their liability arising under the cheque in dispute - In..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Dishonour of cheque on the ground of stop payment is dishonour of cheque within the meaning of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Director or officer of company signatory of cheque - Can be prosecuted even in absence of an averment that they are in charge of and responsible for the conduct of business of the company...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Managing Director/Joint Managing Director by virtue of their office are in charge of and responsible for the conduct of business of the company - They are liable even in absence of a specific averment against them - In case of director or an officer of company who signed the cheque on behalf of company they..........
Criminal Procedure Code, 1973, Section 200, 204 -- Complaint against Branch Manager of Bank who is alleged to be responsible for the commission of the offence by tearing the portion of cheque bearing drawer's signature - Name of branch manager not given who is responsible for the commission of the offence - In absence of name, Branch Manager cannot be an accused...........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Memo of dishonour - If a memo, bearing official mark denoting reason of dishonour is produced, Court is bound to presume that the cheque has been dishonoured for the reason stated in the memo...........
Negotiable Instruments Act, 1881, Section 138, Banker's Books Evidence Act, 1891, Section 4, 2(3) -- Dishonour of cheque - Memo of dishonour - Mode of proof and evidentiary value attached to certain document u/s 4 of Bankers Books Evidence Act is not available to a memo of dishonour...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of Rs.90, 000/- whereas cheque amount was Rs.60, 000/- - Demand was not of cheque amount - Demand not made in terms of mandate of Act - Notice drafted by the Advocate - But Advocate not examined as witness to prove the contents of the said notice - Held, acquittal of accused proper...........
Negotiable Instruments Act, 1881, Section 138 - - Dishonour of cheque - Complaint - Time barred debt - Debt mentioned in every complaint has become time barred on the date of issuance of cheque in question - Further no valid acknowledgment of debt has been established on side of complainants - Held, a time barred debt cannot be construed as a legally enforceable debt - All..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Cheque in question pertains to account maintained by petitioner in her bank - Cheque contains her signature - Said cheque when presented for encashment was returned unpaid with a dishonour note "funds insufficient" - Statutory notice was also given within time prescribed by..........
