Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Part payment made - Payee presented the cheque for encashment of whole of the amount - Payee could make an endorsement on the cheque acknowledging the part payment received by him and then presenting the cheque for encashment of only the balance amount due and payable to him - S.56 of the Negotiable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sending cheque to handwriting expert for his opinion in respect of age and signature - Defence plea that cheque was issued in 1997 for purpose of security and accused has misused it by filling the same much later - Dismissal of application by trial Court raising a suspicion as to whether accused himself..........
Negotiable Instruments Act, 1881, Section 4, Stamp Act, 1899, Section 2(22) -- Promissory note - Essentials of a promissory note are: (1) An unconditional undertaking to pay; (2) The sum should be a sum of money and should be certain; (3) The payment should be to the order a person who is certain, or to the bearer of the instrument; and (4) The maker should sign it - If..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Essential ingredients are : (i) An unconditional undertaking to pay; (ii) The sum should be a sum of money and should be certain; (iii) The payment should be to the order of a person who is certain, or to the bearer of the instrument; and (iv) The maker should sign it - If these four ingredients exist the..........
Negotiable Instruments Act, 1881, Section 4, Stamp Act, 1899, Section 2(5), 2(22) -- Promissory note and bond - Distinction - There are three distinguishing features, viz. (i) If money payable under the instrument is not certain, it cannot be a promissory note, although it can be a bond; (ii) If the instrument is not attested by a witness, it cannot be a bond, although it..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Execution denied - Burden is on the complainant to prove that the instrument was duly executed by the maker...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Suspicious circumstances surrounding the transection - No satisfactory explanation tendered by the holder of the instrument - Conviction is not legally permissible, solely banking upon the statutory presumption - Court is expected to examine whether the transaction covered by the cheque is genuine and..........
Negotiable Instruments Act, 1881, Section 4, 67 -- Pronote - Material alterations - Alteration may be material by change of date, time and place of payment or by change in the sum payable or its medium or in the interest to be paid or it may be as affecting the number or relation of parties or legal character of instrument - Effect of material alteration is that it renders..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by wife of deceased payee of cheque - Legal representatives of a payee or holder in due course are entitled to the legal possession of the instrument and further to receive and recover the amount covered under the instrument from the drawer - Complaint by wife of deceased payee is maintainable..........
Negotiable Instruments Act, 1881, Section 138, 20 -- Dishonour of cheque - Accused moved an application for sending the cheque to handwriting expert - Held, that S.20 of the Act confers only a prima facie right, that too conditional upon the holder of a negotiable instrument - Adducing evidence in support of defence is a valuable right - Allowed...........