Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Appeal against - Appeal rejected on ground of absence of appellant and his advocate - Notice to respondent not issued and even record from trial Court not called - Held, rejection of appeal is against the provisions of law - Impugned order set aside - Matter remitted for decision afresh in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque allegedly - Accused filed application u/s 311 of Criminal Procedure Code, with a prayer to recall complainant for cross-examination since some vital questions not put during cross-examination of complainant to enable him to put forth his defence - In the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Appeal against - No material on record to show that cheque in question was one of the four cheques given at the time of disbursement of the loan - Accused did not lead any evidence to rebut the presumption available to complainant u/s 118 of the Act - acquittal set aside - Accused convicted..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards loan advanced by a Co-operative Society - Cheque held to be issued towards time barred time under the general provisions of law whereas it was not so under the Co-operative Societies Act - Held, law of limitation under the Co-operative Societies Act is equally applicable to the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - S.138 of the Act is still applicable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Accused 65 years of age - Seniority cannot earn immunity from imposing substantive sentence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back with postal endorsement `Unclaimed' - Second notice served at the same address - Complaint cannot be quashed on the ground that there is presumption of service of first notice and complaint is not filed within time - There is no rule of universal application that in all cases..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Available only when there is either admission or proof of execution of the cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Transaction took place at Jaipur - Cheque issued of a bank at Delhi - Cheque presented at Mumbai - Notice issued from Mumbai where registered office of the complainant company is situated - Complaint filed at Mumbai - Held, Court at Mumbai has jurisdiction...........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Demand notice - Sent through registered post at correct address - Postal authorities sent intimation to accused about the registered cover - Held, it is proper service of notice...........
