Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards repayment of loan - Money lender - Not possible to lend money without any document - Date of lending money not mentioned in complaint and notice - Ledger extract or any letter sanctioning loan amount or pronote to show sanction of loan not produced - Presumption u/s 139 is not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Endorsement on cheque `sans recourse' - Contention that cheque itself speaks that payee will not have recourse to file the complaint, taking cognizance is barred - Held, when once cheque is dishonoured, the endorsement on the cheque made by accused without knowledge of the complainant and in absence of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back unserved with endorsement 'addressee long absent and return to sender' - Order taking cognizance not liable to be quashed - However, the allegation that accused refused to receive notice even after due information given by postal authorities are matters for trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Court to carry out proper verification before issuing process - Verifications required are : (1) Verification of a complaint on oath which should be in a proper manner i.e. all the facts necessary to constitute the offence must be borne out from the verification; (2) If Company then person representing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ingredients of offence u/s 138 of the Act are : (i) a cheque was issued; (ii) the same was presented; (iii) but, it was dishonoured; (iv) a notice in terms of the said provision was served on the person sought to be made liable; and (v) despite service of notice, neither any payment was made nor other..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque returned with bank endorsement 'present again' - Despite notice payment not made - Held, reasons for dishonour of cheque are wholly irrelevant - If despite notice amount remains unpaid then drawer of cheque is responsible u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - Drawer of cheque to make payment within 15 days of receipt of notice - Period is to be reckoned from date of first notice - It is a matter of evidence as to when first notice is deemed to have been given i.e. whether the one given by registered post or the one served personally - It is also..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - Drawer of cheque to make payment within 15 days of receipt of notice - Period is to be reckoned from date of first notice - It is a matter of evidence as to when first notice is deemed to have been given i.e. whether the one given by registered post or the one served personally - It is also..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Has to be on the basis of allegations in complaint and preliminary evidence - Defence set up in reply to notice not to be looked into at that stage...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent through registered post at correct address - Notice received back `unclaimed' - Held, notice is presumed to have been served...........