TaxTMI 
TaxTMI 
2018 (8) TMI 737
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....er Section 138, Negotiable Instrument Act before the Court of Chief Judicial Magistrate, Narsinghpur. According to the respondent/ complainant the petitioner/accused and his relative had borrowed Rs. 10 lacs from him. Petitioner/accused promised the complainant that he would return the money after sometime; however, petitioner/accused did not return the amount instead issued a Cheque bearing No. 1019733 amounting to Rs. 10 Lacs. The respondent/complainant deposited the said cheque with Central Madhya Pradesh Grameen Bank, Branch Karapgaon, but the said cheque had been dishonored. Then he has given notice to the petitioner on 2.5.2013 with registered A.D. However, the petitioner refused to take the notice. As the petitioner/accused did not r....
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....e showroom of Badi Bareli was closed in 2012 itself. Petitioner accused did not care to search these cheque books but as soon as he came to know of this fact he lodged the report supported by an affidavit to the Police Station, Udaipura about the missing of cheque book of account of 490. Petitioner accused came to know that against him one case is pending before the Chief Judicial Magistrate, Narsinghpur under Section 138 of the Negotiable Instruments Act, 1881 then he approached the local counsel at Narsinghpur and verified about the correctness of the information. Then he came to know that Sukhendra Singh has filed the complaint under Section 138 of the negotiable Act. Actually Mahendra Singh Rajput had stolen the missing cheques and misu....
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....or with both: Provided that nothing contained in this section shall apply unless- (a) the cheque has been 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; (b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and (c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, withi....