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Shri Bhagwan Yadav vs Adarsh Khandelwal on 12 August, 2024 cites

P. Rasiya vs Abdul Nazer on 12 August, 2022

In support of this he has placed reliance on the judgement of the Supreme Court in the case of P. Rasiya v. Abdul Nazer & Anr. reported as 2022 SCC OnLine SC 1131. Further, while referring to Exhibit CW1/D-1, it is submitted that the petitioner has satisfactorily established the source of funds and duly produced the sale deed and deposed that he arranged the loan amount from the proceeds of the sale of the property of his wife.
Supreme Court - Daily Orders Cites 2 - Cited by 192 - Full Document

Msr Leathers vs S. Palaniappan And Anr on 26 September, 2012

An offence under Section 138 NI Act is made out, when the conditions stipulated in the proviso to Section 138 are satisfied. The first condition is that the cheque, which has been drawn on an account maintained by the drawer, ought to be presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier. The second condition is that the payee or the holder in due course of the cheque, as the case may be, must make a demand for the said money by giving a notice in writing to the drawer of the cheque within 30 days of receiving the information from the bank regarding the dishonour of the cheque. The third condition states that there should be a failure on the part of the drawer of cheque to make the payment of the amount under the cheque to the payee or the holder in due course, as the case may be, within 15 days of the receipt of the said notice. When all these three conditions are fulfilled, then only an offence under Section 138 of the Signature Not Verified Digitally Signed By:GAUTAM ASWAL CRL.L.P. 392/2024 Page 4 of 10 Signing Date:31.08.2024 13:19:47 NI Act can be said to have been committed by the person issuing the cheque [Ref: MSR Leathers v. S. Palaniappan & Anr.1, Charanjit Pal Jindal v. L.N. Metalics2 and N. Harihara Krishnan v. J. Thomas3.]
Supreme Court of India Cites 24 - Cited by 254 - T S Thakur - Full Document

Charanjit Pal Jindal vs M/S. L.N. Metalics on 24 February, 2015

An offence under Section 138 NI Act is made out, when the conditions stipulated in the proviso to Section 138 are satisfied. The first condition is that the cheque, which has been drawn on an account maintained by the drawer, ought to be presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier. The second condition is that the payee or the holder in due course of the cheque, as the case may be, must make a demand for the said money by giving a notice in writing to the drawer of the cheque within 30 days of receiving the information from the bank regarding the dishonour of the cheque. The third condition states that there should be a failure on the part of the drawer of cheque to make the payment of the amount under the cheque to the payee or the holder in due course, as the case may be, within 15 days of the receipt of the said notice. When all these three conditions are fulfilled, then only an offence under Section 138 of the Signature Not Verified Digitally Signed By:GAUTAM ASWAL CRL.L.P. 392/2024 Page 4 of 10 Signing Date:31.08.2024 13:19:47 NI Act can be said to have been committed by the person issuing the cheque [Ref: MSR Leathers v. S. Palaniappan & Anr.1, Charanjit Pal Jindal v. L.N. Metalics2 and N. Harihara Krishnan v. J. Thomas3.]
Supreme Court - Daily Orders Cites 8 - Cited by 35 - Full Document

N. Harihara Krishnan vs J. Thomas on 30 August, 2017

An offence under Section 138 NI Act is made out, when the conditions stipulated in the proviso to Section 138 are satisfied. The first condition is that the cheque, which has been drawn on an account maintained by the drawer, ought to be presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier. The second condition is that the payee or the holder in due course of the cheque, as the case may be, must make a demand for the said money by giving a notice in writing to the drawer of the cheque within 30 days of receiving the information from the bank regarding the dishonour of the cheque. The third condition states that there should be a failure on the part of the drawer of cheque to make the payment of the amount under the cheque to the payee or the holder in due course, as the case may be, within 15 days of the receipt of the said notice. When all these three conditions are fulfilled, then only an offence under Section 138 of the Signature Not Verified Digitally Signed By:GAUTAM ASWAL CRL.L.P. 392/2024 Page 4 of 10 Signing Date:31.08.2024 13:19:47 NI Act can be said to have been committed by the person issuing the cheque [Ref: MSR Leathers v. S. Palaniappan & Anr.1, Charanjit Pal Jindal v. L.N. Metalics2 and N. Harihara Krishnan v. J. Thomas3.]
Supreme Court of India Cites 15 - Cited by 241 - J Chelameswar - Full Document
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