Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of amount lesser than the cheque amount - Statutory notice is defective and will not give rise to cause of action u/s 138 of the Act, in strict sense - However, taking note of fact that it is not a single cheque but two cheques of different dates for different amounts, enforceable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compliant by power of attorney holder - Such power of attorney holder or legal representative should have due knowledge about the transaction in question - Power of attorney holder accountant of complainant and working under him - Under such circumstances, his knowledge itself is presumed and that has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Typewritten cheque - Complainant and accused are doing business and therefore, money transactions based on typewritten cheque cannot give rise to any suspicion...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for non appearance of complainant at the stage of consideration of application u/s 311 Cr.P.C. - Complainant had already led his evidence - Magistrate could have dismissed the application and proceeded with the case on the basis of..........
Negotiable Instruments Act, 1881, Section 138, 143A, 148(3) -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to deposit of 20% of fine amount as interim compensation - Release of amount of interim compensation to complainant - Refused on the ground that it will not only cause hardship to accused but also lead to multiplicity of litigation -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused denied issuance of cheque, his signature on cheque, on receipt of notice and acknowledgement slip - Complainant did not produce any evidence to prove that signature on these documents were of accused - Complainant failed to discharge his burden of proving his case beyond reasonable doubt -..........
Negotiable Instruments Act, 1881, Section 138, 143A, 148(3) -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to deposit of 20% of fine amount as interim compensation - Release of amount of interim compensation to complainant - Refused on the ground that it will not only cause hardship to accused but also lead to multiplicity of litigation -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proceedings are quasi civil - All suggestion or question regarding defence of accused must be put up in cross-examination of principal witness of complainant...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Financial Capacity - Once accused admits of receiving loan from complainant, such admission clearly goes to show that complainant was having capacity to lend money to accused - Subsequently questioning capacity of complainant to pay such amount would never arise as a defence...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Repayment of entire loan amount - Defence of accused of alleged repayment of entire loan must be adduced by accused unless it is specifically admitted orally or by documentary evidence by complainant - Rebuttal of presumption by giving suggestions to complainant is uncalled..........
