Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Unilateral putting of date on cheque by complainant without authority of accused and even by not informing him - Amounts to material alterations and such cheque becomes void - Prosecution u/s 138 of the Act cannot be initiated...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Cheque issued by Trust - Complaint against General Secretary of Trust and President of Trust without arraigning Trust as an accused in the complaint - Complaint is not maintainable without arraigning Trust as an accused in complaint - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant is not required to spell out in the complaint the nature of transaction or source of fund, as onus is on the accused to prove that cheque was not issued towards discharge of any debt or other liability...........
Negotiable Instruments Act, 1881, Section 138, Income Tax Act, 1961, Section 269(SS) -- Dishonour of cheque - Advancing loan to accused of more than Rs.20,000 in cash - Contravention of S.269(SS) of Income Tax Act does not make alleged transaction void...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused issued 15 signed blank cheques to complainant - He chose not to reply to legal notice demanding payment of loan by complainant - Even, accused has not taken any legal steps against complainant for misuse of alleged signed blank cheques as alleged by him - Defence taken by accused is improbable -..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - No denial as to issuance of cheque and signatures thereupon - It can be presumed that cheque was issued in discharge of lawful liability - Accused rightly convicted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(2) -- Dishonour of cheque - Non furnishing list of witnesses - Issuance of process - Provision of S.204(2) Cr.P.C. is mandatory but this by itself does not vitiate the issue of process or jurisdiction of Court - Moreover, S.145 of N.I. Act which is pari materia to S.254(2) Cr.P.C..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Plea that notice was returned as same was sent to wrong address - Notice whether amounts to proper notice is a matter of evidence - Complaint cannot be quashed without giving an opportunity to complainant to prove issuance of legal notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque return memo - If cheque return memo is not bearing any official stamp of bank, it does not render the cheque return memo as invalid or illegal...........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Cheque return memo - Neither S.138 nor S.146 of NI Act prescribes any particular form of cheque return memo - Cheque return memo is nothing but a mere information given by the Banker of the due holder of a cheque that cheque has been returned as unpaid...........
