AI Overview...
- Cheque Amount vs. Return Filed by Complaint - Main points and insights:
- Discrepancy in cheque amounts and the amounts demanded in legal notices can affect the validity of a complaint under Section 138 NI Act. The amount demanded must not exceed the principal amount payable, and any substantial receipt against the cheque does not absolve the drawer if the full amount is not paid Alliance Infrastructure Project Pvt. Ltd. VS Vinay Mittal - Crimes, Alliance Infrastructure Project VS Vinay Mittal - Crimes, Alliance Infrastructure Project Pvt. Ltd. VS Vinay Mittal - Dishonour Of Cheque, Alliance Infrastructure Project Pvt. Ltd. VS Vinay Mittal - Dishonour Of Cheque.
- The dishonour of cheques with different dates, even when presented together, is a key factor; the bank's action on multiple cheques may not be uniform, and each cheque's dishonour must be considered individually C. Duraisamy VS K. Balakrishnan - Madras, M. Chandrashekar Rao VS V. Kutamba. Rao - Andhra Pradesh.
- Post-dated cheques and cheques issued on different dates can be treated separately; dishonour of one does not necessarily impact others unless linked by the transaction C. Duraisamy VS K. Balakrishnan - Madras, R. Hanumantharaya Son of Ramadasappa (late) VS A. P. Krishnakumar S/o. A. R. Parameshwaran - Karnataka.
- The issuance of legal notices demanding the full cheque amount, despite partial payments, can be challenged if the notice does not accurately reflect the amount payable Alliance Infrastructure Project Pvt. Ltd. VS Vinay Mittal - Crimes, Alliance Infrastructure Project Pvt. Ltd. VS Vinay Mittal - Dishonour Of Cheque, Alliance Infrastructure Project Pvt. Ltd. VS Vinay Mittal - Dishonour Of Cheque.
- The timing of complaint filing and the presentation of cheques, including the limitation period, are crucial; late filing or improper presentation can lead to quashing of the complaint Jayam Company, Chennai VS T. Ravichandran - Dishonour Of Cheque.
- Analysis and Conclusion:
- The core difference between a cheque amount and the complaint filed lies in whether the amount demanded matches the actual principal payable and whether the legal notices are correctly issued. Variations in cheque amounts, multiple dates, partial payments, and procedural lapses can influence the validity of a complaint filed under Section 138 NI Act.
- Proper scrutiny of cheque amounts, presentation dates, and notices is essential to determine the legitimacy of the dishonour claim. Discrepancies or procedural errors can lead to the complaint being dismissed or quashed.
Search Results for "Ni Act Different between Cheque Amount it Returns Filed by the Complaint"
2014 0 Supreme(Mad) 4167 • India - Madras
R.S.RAMANATHAN
they issued a post cheque drawn on South Indian Bank Branch for said amount and when appellant presented cheuqe for collection cheque ... and therefore a complaint was filed by complainant - During trial complainant/appellant examined himself as PW.1 and marked 9 Exhibits ... could not have been issued when complainant are two different persons - It is also probable that first respondent with a view to ... The complainant filed the aforesaid #HL_STAR....
• India - Crimes
U.DURGA PRASAD RAO
due date – It is only when banker acts upon such early presentation and either pays amount or returns cheque for insufficient funds ... operates as bill of exchange till due date arrives and from due date onwards banker is liable to pay amount contained in cheque ... Negotiable Instruments Act, 1881 – Sections 138 and 142 – Dishonour of cheque – Acquittal by lower appellate court – Post-dated cheque ... (b) of N.I Act and therefore,....
2006 0 Supreme(Bom) 1469 • India - Bombay
N.A.BRITTO
William Beach Retreat and accused - Purchase of Hotel Complex - Issuance of seven cheques on different dates - Honour of first five ... - Not wipe out complaint - Even if it offered before filing of complaint. - No drawer of a cheque can be absolved of his liability ... Negotiable Instruments Act, 1881 - Section 138 - Criminal Procedure Code, 1973, Section 378 - Dishonour of cheque - Complaint - Ingredients ... If the cheque #HL_STA....
• India - Crimes
V.K.JAIN
requires drawer of cheque to make payment of whole of cheque amount despite receiving a substantial amount against that very cheque ... payable to payee of cheque and principal amount demanded from drawer of cheque should not be more than actual amount payable by ... , much before issue of notice cannot be said to be a legal and valid notice envisaged in Section 138(b) Criminal complaint quashed ... Hon’ble Supreme....
• India - Crimes
V.K.JAIN
(i)Negotiable Instruments Act, 1881— Section 138(b)—Dishonour of cheque—Notice—When principal amount claimed in notice of demand ... drawer of cheque to make payment of whole of cheque amount, despite receiving a substantial amount against that very cheque, much ... long as principal amount demanded by payee of cheque is correct and is clearly identified in notice—Amount covered by che....
• India - Dishonour Of Cheque
V.K.JAIN
principal amount payable to payee of cheque and principal amount demanded from drawer of cheque should not be more than actual amount ... made after issuance of cheque—Notice of demand which requires drawer of cheque to make payment of whole of cheque amount, despite ... amount claimed in notice of demand is more than the principal amount actually payable to payee of cheque and n....
• India - Dishonour Of Cheque
V.K.JAIN
requires drawer of cheque to make payment of whole of cheque amount despite receiving a substantial amount against that very cheque ... and principal amount demanded from drawer of cheque should not be more than actual amount payable by him though addition of some ... , much before issue of notice cannot be said to be a legal and valid notice envisaged in Section 138(b) Criminal complaint quashed ... Hon’ble Supreme Court that the #....
2005 0 Supreme(AP) 974 • India - Andhra Pradesh
P.LAKSHMANA REDDY
are different cheques bearing different dates merely because all cheques presented at a time, bank will not return all cheques ... issuing legal notice complaint filed - Magistrate acquitting accused giving benefit of doubt holding that complainant obtained ... even if sufficient funds are available in account of drawer to satisfy some of cheques - Bank return only cheques for which ....
2021 0 Supreme(Kar) 248 • India - Karnataka
H.B.PRABHAKARA SASTRY
Negotiable Instruments Act, 1881 – Section 138 – Dishonour of Cheque – Petitioner as accused was tried by ... liability after giving deduction of subsequent part payment made by accused and admittedly, since accused has not paid said demanded amount ... at Exhibit P-1 in favour of complainant and that said cheque came to be dishonoured for reason "Exceeds arrangement" when presented ... drawer of the cheque thereby obviating the need for the creditor to move two different fora for the ....
• India - Dishonour Of Cheque
V.KANAGARAJ
24.4.2001, which is beyond the limitation period, which would be assailed on the part of the complainants stating that after very many returns ... complaint—Date of presenting the complaint to oust and not when Magistrate put his signatures on complaint when it was numbered. ... ultimately the Magistrate has put his signature, in the complaints filed as early as on 21.3.2001 in spite of the time being left ... only come forward to say that he put his signature on 24-4-2001, which i....
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