Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial capacity - Not questioned at the very first instance by not replying the statutory notice - In such situation burden to prove case beyond reasonable doubt cannot be shifted upon complainant - Statutory presumption u/s 139 of the Act continued and it was for accused to discharge the onus by..........
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 - Demand notice - When there is no demand in notice for amount covered by bounced cheque, notice is not valid notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Additional demand - When there is specific demand in respect of cheque amount then notice is not vitiated merely because additional claim incidental is made in the form of expenses incurred for clearance and charges...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Failure to send reply notice by itself cannot lead to conclusion of allegations in notice being accepted by accused - However, failure of accused to explain reason for not sending reply notice would weaken the defence case...........
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 -- Dishonour of cheque - Accused issued 15 signed blank cheques to complainant - He chose not to reply to legal notice demanding payment of loan by complainant - Even, accused has not taken any legal steps against complainant for misuse of alleged signed blank cheques as alleged by him - Defence taken by accused is improbable -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Plea that notice was returned as same was sent to wrong address - Notice whether amounts to proper notice is a matter of evidence - Complaint cannot be quashed without giving an opportunity to complainant to prove issuance of legal notice...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Can only be rebutted when there is probable defence - It cannot be probable defence that complainant has no capacity to pay the money until and unless an initial defence is set up by a reply notice or accused examines his witnesses and relies upon documentary evidence...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Contents of notice, reply given by noticee and contents of complaint would form an important part of arranging accused into proceedings u/s 138 of the Act...........
