Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Money lending license - Not relevant in a case of dishonour of cheque - In a case of dishonour of cheque it is to be seen whether cheque was issued in relation to a valid loan and was dishonoured without payment, even after giving notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Money lending license - Not relevant in a case of dishonour of cheque - In a case of dishonour of cheque it is to be seen whether cheque was issued in relation to a valid loan and was dishonoured without payment, even after giving notice...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - When the complaint under the Act is dismissed for want of prosecution at the initial stage of issuing summons, then Court concerned has authority to recall the same and bar of S.362 Cr.P.C. will not be applied...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - When the complaint under the Act is dismissed for want of prosecution at the initial stage of issuing summons, then Court concerned has authority to recall the same and bar of S.362 Cr.P.C. will not be applied...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conditional cheque - Condition that before presentation of cheque, notice should be given to drawer of cheque - Cheque presented without prior notice and dishonoured - Still liability u/s 138 of the Act is attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conditional cheque - Condition that before presentation of cheque, notice should be given to drawer of cheque - Cheque presented without prior notice and dishonoured - Still liability u/s 138 of the Act is attracted...........
Negotiable Instruments Act, 1881, Section 138, 94, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Through courier service - Notice sent through courier service is valid service u/s 138 of the Act - However, for the purpose of getting benefit of presumption of service u/s 27 of General Clauses Act, notice must be sent through registered post...........
Negotiable Instruments Act, 1881, Section 138, 94, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Through courier service - Notice sent through courier service is valid service u/s 138 of the Act - However, for the purpose of getting benefit of presumption of service u/s 27 of General Clauses Act, notice must be sent through registered post...........
