Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Cheque even if issued as a security for payment, it is a negotiable instrument at the hands of payee - Merely because it is issued as a security is no ground to exonerate the penal liability...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Notice whether received by accused or not is a disputed question of fact which has to be decided as per evidence to be adduced by the parties during course of trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Issued through counsel - Misdescription of date and time - Does not militate and derogate the validity of notice, particularly when accused has himself issued the cheque...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once a cheque is issued for discharge of any debt or liability it shall be presumed that it was issued by drawee - Burden is upon accused to disprove that it was not issued by him...........
Negotiable Instruments Act, 1881, Section 138, Stamp Act, 1899, Section 33, 35(d) -- Dishonour of cheque - Unstamped document - Impounding - Cheques issued on basis of unregistered and unstamped Memorandum of understanding - Is legally enforceable debt u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Stamp Act, 1899, Section 33, 35(d) -- Dishonour of cheque - Unstamped document - Impounding - Complainant claiming repayment of debt on basis of unregistered and unstamped Memorandum of Understanding - According to Stamp Act, 1899, Courts can receive u, stamped or insufficiently stamped documents in evidence without insisting..........
Negotiable Instruments Act, 1881, Section 138(c) -- Dishonour of cheque - Pre-mature complaint - Filed before expiry of 15 days from the date of receipt of notice - Complaint cannot be entertained, as drawer/accused cannot be said to have committed any offence till then - However, it is open to payee or holder to file fresh complaint within a month from the date of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of cheques - Joint trial - Dishonour of each cheque constitutes a separate offence giving rise to a separate cause of action - However, Ss.219, 223 Cr.P.C, are exceptions to general rule that there should be separate charge and separate trial for each distinct..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of cheque - Joint trial - Dishonour of seven cheques - Five complaints - Clubbing of complaints sought by accused after the right of cross-examine was closed - At this stage, it is evidence that application moved is not in expediency of a seedy trial but to further..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint can be filed by Power of Attorney holder of complainant - However, it is fundamental for complainant in such a case to specify in the complaint that power of Attorney Holder has knowledge about the transaction in question...........
