Negotiable Instruments Act, 1881, Section 138, 87, 20 -- Dishonour of cheque - Material alteration - Amount mentioned in number is seen to be altered - However, amount mentioned in the word is not altered - It cannot be said that cheque is materially altered in respect of the amount...........
Negotiable Instruments Act, 1881, Section 138, 87, 20 -- Dishonour of cheque - Material alteration - Issuance of signed blank cheque - If any alteration appears on the body of cheque, such alterations need not require consent of accused/drawer of cheque...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Execution admitted - S.139 of the Act mandates the presumption that cheque was issued for the discharge of any debt or other liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Demand in addition to the cheque amount - If in a notice while giving break up of claim, the cheque amount, interest, damages, etc. are separately specified and these additional claims will be severable, such demand would not invalidate the notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Omnibus demand - There must be a clear demand for the cheque amount, otherwise notice will be invalid...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption which arises on signing of cheque cannot be rebutted merely by report of a handwriting expert...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Even if details in cheque are filled by another person is not relevant to the defence whether cheque was issued towards payment of a debt or in discharge of a liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Finding in civil suit that cheque in question is not supported by consideration - Judgment was delivered after taking into account the conviction u/s 138 of the Act - Judgment of civil court has become final - Judgment of civil court becomes relevant u/s 43 of Evidence Act - Conviction and sentence set..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account maintained by husband and wife - Cheque signed by husband only - Wife not liable for cheque drawn by her husband from the joint account relating to both of them - Proceedings qua wife quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account maintained by husband and wife - Cheque signed by husband only - It is only the drawer of cheque who can be made an accused in proceeding u/s 138 of the Act - Proceedings qua wife quashed...........
