Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Direction to deposit 20% of cheque amount - Accused was to pay amount as per notice on or before 11.08.2018 - Offence will be complete only after 11.08.2018 - S.143-A of the Act came in the statute book on 01.09.2018 i.e. subsequent to commitment of offence - Impugned order vide which direction..........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Additional evidence at appellate stage - Dishonour of cheque - Documents sought by accused to demonstrate that cheque was drawn by way of security only and to contest the quantum of liability of which cheque was already drawn - Omission to produce said documents before trial Court..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Deposit of amount, in complainants account, after issuance of cheque and notice, which is more than cheque amount - Amount so deposited has firstly to be adjusted towards the payment of cheque amount - Complainant has separate remedy to avail in case there is any dispute as to payment due - In the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Non framing of formal notice u/s 251 Cr.P.C. - No formal notice is required to be framed so long as substance of accusation is stated and accused is asked whether he pleads guilty or intend to lead any defence evidence and more so when accused fails to point..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan - Accused admits that cheque has bounced on account of not sufficient funds in his bank account - However, accused not given any reply to legal notice - Defence of accused that on very same day he went and told complainant that he has not issued such notice cannot be accepted - Accused cannot..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent by registered post at correct address - Once notice is sent by registered post with acknowledgment, it must be presumed that service is made effective...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Notice - Returned due to unavailability of addressee - Notice sent to accused through registered post on his correct address - Once notice has been sent by registered post with acknowledgement, it must be presumed that service is made effective - Service of notice has to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of four cheques - Single notice - Consolidation of all the four complaints - There is no provision of consolidation of cases in Cr.P.C. - All four complaints directed to be fixed on one date so that it is convenient to both the parties to attend the hearing of all the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Notice - Question of service of notice - It is a triable issue - Order quashing proceedings set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Intention not to make payment when communicated before expiry of 15 days from the date of receipt of notice then not to file complaint before expiry of 15 days becomes redundant...........
