Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque -Application to send disputed cheque for FSL - There is an overwriting in two documents, which are copies of notice sent by complainant, but record does not give any indication of record having been manipulated in Court, and at best, can be a correction made by complainant at time when notice was sent to..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cognizance of offence - Bar of limitation - Two Cheques dishonoured on 31.03.2020 and 22.04.2022 - Issued notice of demand on 22.04.2022 and itself delivered on 22.04.2022 - Complaint filed on 10.06.2020 - Delay of 1 day - Complaint not barred by limitation in view of directions passed that period..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent by Registered post - Service of notice upon accused cannot be denied in the light of S.27 of General Clauses Act, as per which, a presumption is raised in favour of complainant that notice had, in fact, been delivered...........
Negotiable Instruments Act, 1881, Section 138, 143(A) -- Dishonour of cheque - Interim compensation - No opportunity was granted to accused to file his response before passing of interim compensation of 20% of cheque amount, despite the fact that he had not pleaded guilty of notice of accusation served upon him u/s 138 of N.I. Act - There is no application of mind by trial..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Once the demand notice is admitted in evidence without objection, it is not necessary to prove its contents...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Perusal of material on record it is not in dispute that signatures of accused available at cheque - As per defence of accused, complainant was running chit business and in order to prove the same no material was placed and even not examined any other subscriber of said chit to prove factum that..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by company - Admittedly, as officers of appellant company they were aware of the fact that advance of Rs.1 lac was received from complainant for sale of land to him and company had enforceable debt to complainant as per terms of agreement - Neither land was transferred to him nor advance..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Successive presentation - Where the cheque was presented second time within validity period of cheque and thereafter issued statutory notice as required under law, complaint based on such notice is maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Complaint filed on 12th day of service of notice - Complaint rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Proceedings were launched on 12th day from service of notice and before expiry of 15 days mandatory period as provided u/s 138(c) of the Act - No cause of action thus accrued to complainant - Complaint dismissed...........
