Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused himself admitted that he gave three cheques to complainant, thereby accused made false G.D entry regarding missing of cheques - It is also shown from conduct of accused that he did not recognize any importance to demand notice being not signed by concerned advocate - Complainant successfully..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in lieu of milk supplied to accused as alleged by complainant - However, in entire complaint or earlier thereto in notice issued u/s 138 of the Act, complainant failed to mention rate of milk, payment if any due and placed on record alleged settlement - Accused on the other hand led..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acknowledgement regarding existence of debt on stamp paper - Said writing not bearing signatures of complainant - Said writing is not in the nature of bi partite agreement to be signed by the parties thereto - It is a writing in the nature of acknowledgement by accused about existence of a debt; about..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Plea of giving blank cheque - In a complaint of dishonour of cheque complainant merely has to prove that a signed cheque was given by accused - Whether cheque was filled in by petitioner or by complainant is an immaterial fact - Order rejecting..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Friendly loan of Rs.15 lakhs by Income Tax practitioner to his client - Blank signed cheque issued for its repayment - Loan advanced not by cheque or demand draft or RTGS and without obtaining any writing to this effect - Such loan not shown in the income tax return of complainant - Held, (a)..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - If a signed blank cheque is voluntarily presented to a payee, towards some payment, payee may fill up the amount and other particulars - This in itself does not invalidate the cheque - Onus will still be on accused to prove that cheque was not in discharge of debt or liability by adducing..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Cheque issued towards repayment of loan amount - Medical condition of accused - Evidence and material on record indicates that behavioural problems suffered by accused raising serious doubt about accused having signed the cheque and acknowledgment consciously and with the realization..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption as to - Cheque in question and signatures upon it not disputed by accused - However, defence of accused is that PW1 and others came to his house and criminally intimidated his mother and taken a blank cheques, which was later on misused by complainant - No reason given by accused for..........
Negotiable Instruments Act, 1881, Section 138, 94 -- Dishonour of cheque - Demand notice - Non signing by complainant or Advocate - Not fatal - As per S.94 of the Act, as there is no requirement that notice should be signed by party or Advocate - What is required u/s 94 Cr.P.C. is to prove the mode in which notice may be given and notice may be oral or written and if..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - It is not necessary that entire cheque has to be filled by accused to raise the presumption - It is sufficient that cheque is signed by accused...........
