Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Evidence on affidavit by accused in his defence - Dismissal of application - Calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signature of accused on cheque is genuine and nor forged as per forensic examination - Defence of accused is that his cheque book had been fraudulently obtained by complainant by forging his application - However, bank witness deposed that other cheques from same cheque book issued by..........
Negotiable Instruments Act, 1881, Section 138, 56 -- Dishonour of cheque - Part payment made - Not endorsed on the instrument in compliance with the mandate of S.56 of the Act - Entire cheque amount cannot be said to be legally enforceable debt - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Verification of signatures from private expert - Even, private expert must be a person of repute having good experience in the field - Court thus, expected to assign the matter to named private expert or it may assign it to State Forensic Science..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Wife, sole proprietor of firm, issued the cheque - Husband not authorised signatory, agent or co-proprietor of the firm - Order of summoning husband as accused u/s 138 of the Act quashed...........
Negotiable Instruments Act, 1881, Section 4, 118, Evidence Act, 1872, Section 102 -- Promissory note - Consideration - Burden of proof - Burden lies on defendant to prove non-existence of consideration by bringing on record such facts and circumstances which would lead Court to believe non-existence of consideration - However, if the defendant discharges the onus of proof..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Evidence of PWs 1 to 3 is consistent regarding execution of promissory note - Defendant failed to show any reason or circumstance to disbelieve evidence of PWs 1 to 3 - He did not deny that promissory note was signed by him - Once it is admitted that defendant had signed promissory note her liability..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Interest - Defendant borrowed Rs.3 lakhs for her family necessities but not for business purposes - Plaintiff being a private party was not justified in demanding interest @ Rs.24% p.a - It is thus, just and proper to award interest @ Rs.12% p.a on principal amount of Rs.3 lakhs from date of suit..........
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 - Compensation - Fact regarding delivery of goods under two invoices and issuance of two cheques is proved directly and also proved by corresponding ledger entries - Payment of Rs.7 lakhs towards part payment of goods sold under said two invoices is an undisputed fact - Defence taken by accused that goods..........
