Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Complainant has successfully proved by leading cogent and convicting evidence that accused issued cheque in question for discharge of his lawful liability - Accused failed to rebut the presumption of issuance of cheque in favour of complainant - Since despite..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appellate Court acted on a letter of advocate and interfered with order of conviction passed by trial Court - Even, on the face of it appellate Court unnecessarily gave importance to a G.D. entry number which was reflected in notice although original G.D. entry was never..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Cause of action for filing complaint u/s.138 of the Act arose only after expiry of 15 days from the date of service of legal notice on the accused and in case of absence of proof of service of notice sent under registered cover on speed post at the correct address, the deemed service of..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Plea of accused that accused had resigned as director on 10.10.2014 - Form No.DIR-12 (Appointment or Resignation) was filed with Registrar of Companies on 13.08.2015 - Whereas, cheque were dishonoured on 06.07.2015 and notice was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Accused had never entered into any agreement with complainant nor did he issue any cheques in favour of complainant - Even, DW2 in his cross-examination has stated that for running business of accused there is no necessity of tipper or dogger - Moreover, service of demand..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Explanation/story put forth for the first time before High Court - First available opportunity to put forth such contention was when notice of dishonour of cheque was received but not replying the notice such contention, if true, was not availed - Such contention also not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Demand notice - Presumption - Courts below failed to consider that there is no evidence on record to show that legal notice sent under registered post was ever served upon accused - Presumption regarding service of demand notice sent even through registered cover can be drawn only upon expiry of 30 days..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption u/ss 118, 139 of the Act - Complainant successfully proved by leading cogent and convincing evidence that he advanced Rs.1.50 lakhs to accused - Cheque issued by accused in discharge of its lawful liability - Presumption u/ss 118, 139 of the Act raises against accused, but no..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Complainant alleged that initially when cheque was presented, amount was credited to his account - However, in pursuance of an email sent by accused to bank threatening legal action and a further police complaint, transaction entry was..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - Dispatch of demand notice under a certificate of posting is a valid mode of dispatch of demand notice...........
