Section 138 are required to be proved to successfully
prosecute the drawer of an offence under Section 138 of the NI Act”
(emphasis supplied ... Section
138 NI Act into a prosecutable offence, the employment of the phrase “cause
of action” in Section 142 of the NI Act is apposite
funds. After issuance of the statutory
notice dated 04.08.2012 under Section 138 NI Act, since the accused did not
make payment, the complaint was preferred ... statutorily defined expression in the NI Act . The
CRL.L.P. No.706/2014 Page 14 of 36
NI Act does not per se carve
prescribed statutory period.
Accordingly, the complainant preferred the complaint under Section 138 NI
Act through Sh. Dilip Kumar Agarwal, a Director duly authorised ... cheque" is not a statutorily defined expression in the NI Act .
The NI Act does not per se carve out an exception in respect
instituted against them for commission of the alleged offence under
section 138 NI Act is misconceived and compelling the accused to face trial ... NI Act in which the
aforementioned sections are included was inserted in the Act w.e.f.
1.4.1989 by Act 66 of 1988. The object
constitute an offence by itself under Section 138 .
32. Section 138 of the NI Act has been analysed by this Court in
Kusum Ingots ... offence under Section 138 except upon a written complaint. Since a
complaint filed under Section 138 of the NI Act before the expiry
would satisfy the
requirement even of Section 138 (b) read with Section 138(c) NI Act.
Importantly, the learned MM noted at the outset that ... NI Act as a penal provision. The NI Act was otherwise not a criminal law
statute. Chapter XVII NI Act was introduced to make
jurisdiction has held
that Section 138 NI Act contemplates following acts, which
are component of offence under Section 138 NI Act :-
1) drawing ... cases under Section 138 on account of issuance
of statutory notice under Section 138 of NI Act to the
Respondent/Accused from New Delhi
under Section 138 of the Act can be
completed only with the concatenation of a number of acts.
The following are the acts which ... purpose of Section 138 of the NI Act is to ensure
compensation to the complainant, the NI Act also allows for parties to enter into
notice
dated 20th April 2007 thereby initiating the proceedings under Section
138 NI Act. When no payment was forthcoming the complaints were
filed in June ... would also be covered under Section 138 NI Act
and that presumption under Section 139 NI Act would be attracted even
in such a case
under
the Companies Act filed 15 complaints under Section 138 of
the Negotiable Instruments Act, 1881 (hereinafter referred
to as the „ NI Act ‟); 3 cheques ... Section 6 , Section 7 and
Section 64 of NI Act and Section 72 of the NI Act reads as
under:-
Section 6 . Cheque
