Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of cross-examination - Validity - Accused had obtained loan from complainant - Defence by accused that cheque was forged document - He had not raised defence that he had not taken loan and loan agreement was not executed - Held, accused cannot take stand that he would not cross-examine witness..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Chairman-cum-Managing Director of a company obtained hand loan and issued cheque - Notice demanding payment sent to accused addressing him as Chairman-cum-Managing Director - No illegality...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cognizance of offence u/s 138 of the Act can be taken on compliance of the conditions viz. (a) drawing of cheque; (b) presentation of the cheque to bank; (c) returning the cheque unpaid by the drawee bank; (d) giving notice in writing to the drawer of cheque demanding payment of cheque amount; (e)..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Complaint presented in a Court which has no territorial jurisdiction - Held, this is no ground to quash complaint proceedings...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Held, place where cheque has been drawn and place, where cheque returned unpaid by drawee bank and place where statutory notice demanding payment of cheque was served on drawer, are the places where Court shall have jurisdiction to entertain and adjudicate complaint for..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Age of ink - Cheque alleged to be issued to the brother of complainant during 1998 and 1999 and to prove that writings in cheque do not belong to year 2004 as dated in the cheque - Request allowed...........
Negotiable Instruments Act, 1881, Section 138, 139, 141 -- Dishonour of cheque - Summoning order challenged on the plea that it was not a speaking order - Plea held misconceived - Magistrate is not required to pass a detailed and speaking order while summoning as long as the substantive satisfaction is recorded that the prima facie case is made out...........
Negotiable Instruments Act, 1881, Section 138, 139, 141 -- Dishonour of Cheque - Jurisdiction - Cheque issued in favour of company located at Faridabad - Company deposited cheque with bank at Faridabad for encashment - The drawer bank located in UP - Held, Faridabad Court has also jurisdiction to entertain complaint and take cognizance of offence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Six cheques - Joint trial - One complaint for dishonour of six cheques - Complaint is maintainable - S.219 Cr.P.C. is not a bar to prosecution of one complaint even if it involves more than three disputes cheques, as the offence is of the same kind - Number of..........
Negotiable Instruments Act, 1881, Section 138,141 -- Dishonour of cheque - Partnership - Quashing of proceedings - Plea that appellant was living abroad at the relevant time - Held, appellant is entitled to show at the initial stage that he was in no way responsible for the day to day management of the business and that the was not in India when the offence is said to..........
