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1 - 10 of 18 (0.37 seconds)Section 391 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
M/S. Balaji Seafoods Exports (India) ... vs Mac Industries Ltd, S. Pichalah, ... on 13 October, 1998
In Balaji Seafoods [Balaji Seafoods Exports
(India) Ltd. v. Mac Industries Ltd., (1999) 1 CTC 6
(Mad)] , the Madras High Court held: (CTC pp. 8-9,
para 7)
"7. Section 138 of the Negotiable Instruments
Act makes it clear that where the cheque drawn
by a person on an account maintained by him
with a banker for payment of any amount of
money to another person from out of that
account for the discharge, in whole or in part, of
any debt or other liability, is returned by the
bank unpaid, either because of the amount of
money standing to the credit of that account is
insufficient to honour the cheque or that it
exceeds the amount arranged to be paid from
that account by an agreement made with that
bank, such person shall be deemed to have
committed an offence under Section 138 of the
Act. The Explanation reads that for the purposes
of this section, 'debt or other liability' means a
legally enforceable debt or liability."
Section 143 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 91 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
The Negotiable Instruments Act, 1881
Shanku Concretes Pvt. Ltd. vs State Of Gujarat on 30 November, 1999
11. The Gujarat High Court in Shanku
Concretes [Shanku Concretes (P) Ltd. v. State of
Gujarat, 2000 Cri LJ 1988 (Guj)] dealing with
Section 138 of the NI Act held that to attract
Section 138 of the NI Act, there must be subsisting
liability or debt on the date when the cheque was
delivered. The very fact that the payment was
agreed to some future date and there was no debt
or liability on the date of delivery of the cheques
would take the case out of the purview of Section
138 of the NI Act. While holding so, the Gujarat
Supply House vs Ullas on 30 May, 2006
13. The Kerala High Court in Ullas [Supply
House v. Ullas, 2006 Cri LJ 4330 (Ker)] had an