Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Friendly loan - Basic ingredients which are required for transaction not disputed - There is no dispute relating to issuing of demand notice by complainant to accused - Accused sentenced to pay Rs.3,00,000/- in default S.I. of One year u/S.138 of NI Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Requirement for at least stating that person who is responsible or in-charge for day-to-day conduct of business of company was also holding his office at relevant point of time when offence was committed - That part of averment whether person was holding office at time of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance - Quashing of - Delay of 8 in filing complaint - Proviso (c) of S.138 of the Act speaks that for drawer of such cheque fails to make payment of said amount of money to payee or as the case may be, to holder in due course of cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Complainant cannot be expected to initially lead evidence to show that he had financial capacity, unless a case is set up in reply notice by accused that complainant did not have financial capacity to give loan...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Accused has not set up any case that complainant did not have financial capacity to advance loan - There is even no reference in the reply notice as to loss of cheque book or signed cheque leaf as contended by accused - No complaint was given of loss of cheque book or signed cheque leaf..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant has right to file and maintain separate complaint for dishonour of each and every cheque on failure to make payment by payer after receipt of notice u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption u/ss 139, 118 of the Act - Complainant has produced promissory note to corroborate his claim of advancing loan - Signatures in promissory note and cheque admitted by accused in reply notice - When signatures on said documents are proved to be that of accused, presumption remains..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Non-response to notice - Would not automatically result in petitioner being considered as a Director of company...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Summoning of loan file - Sought to be summoned after completion of evidence of complainant - Accused not replied to demand notice or he did not file any such application at the time of taking cognizance or reading over the statement of charges - Trial Court as..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused raised defence during cross examination of complainant, the foundation of which was not laid in the reply to legal notice served after dishonour of cheques - Moreover in this case accused chose not to examine himself - Defence witness not succeeded in rebutting the..........
