Section 138 in The Negotiable Instruments Act, 1881
138. Dishonour of cheque for insufficiency, etc., of funds in the account.—
Where any cheque drawn
that the proceedings before the Metropolitan Magistrate Courts, under section 138 of the Negotiable Instruments Act, be quashed. In some of these petitions a prayer ... offence can be deemed to have been committed under section 138 of the Negotiable Instruments Act. According to the petitioners, as the payments, if made
dated 13.2.1992 whereby the complaint filed by the petitioner under section 138 Negotiable Instruments Act against the respondent was returned for presentation to the proper ... complaint the notice of dishonour was given as per Section 138 Negotiable Instruments Act. Despite the notice, the respondent failed to pay the amounts under
advertising company has filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, on the file of Learned 62nd Metropolitan Magistrate Court ... made by the accused and therefore, a complaint under Section 138 of Negotiable Instruments Act was filed by the complainant at Muzaffar Nagar on 23rd
petition.
3. A complaint under Section 138 Negotiable Instruments Act was filed by the opposite party no.2 Indo Gulf Fertilizers Limited, a public limited ... petitioners on the basis of Section 141 Negotiable Instruments Act. Section 141 Negotiable Instruments Act reads as under :-
"141. Offences by companies
petitioner as well as
the sentence for offence under Section 138 of Negotiable
Instruments Act is ex-facie perverse and cannot be sustained ... condition precedent for filing of case under Section 138 of
Negotiable Instruments Act. She has further stated that even the
complainant remained totally silent
Section 138 of the Negotiable Instruments Act. A mere perusal of Section 142(b) of the Negotiable Instruments Act shows that the words 'Cause ... Negotiable Instruments Act.
28.Before filing a complaint under Section 142 of the Negotiable Instruments Act for having committed an offence under Section 138
Delhi. Criminal Case No.17508 of 2017 under Section 138 of
Negotiable Instruments Act, 1881 in the court of ld.
Metropolitan Magistrate758, South West ... wife. Criminal Case No.3686
of 2017 under Section 138 of Negotiable Instruments Act,
1881 in the court of learned Metropolitan Magistrate544,
South West
acquittal, acquitting the Respondents / Accused 1 to 3 under Sec.138
Negotiable Instruments Act in C.C.No.115 of 1996 on the file ... days.
Hence, the Complaint was filed on 15.02.1 996 under Sec.138 Negotiable
Instruments Act.
4. To substantiate the averments in the complaint
Balareddy.R, Adv.)
OFFENCE COMPLAINED OF : U/Sec. 138 of Negotiable
Instruments Act .
PLEAD OF THE ACCUSED : Not guilty.
FINAL ORDER : Accused ... Negotiable Instruments Act provides
that:
"Until the contrary is proved, the following presumptions
shall be made: (a) of consideration; that every
negotiable instrument