Negotiable Instruments Act, 1881, Section 138 -- Proviso - Dishonour of cheque - Demand notice - Notice returned unclaimed and received by complainant on 14.9.2000 - Such date would be commencing date in reckoning period for 15 days contemplated u/s 138 Proviso Clause (c) of the Act - Since payment could have been made upto 29.9.2000 but when it is not made, cause of..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Limitation to file complaint - Computation of period of limitation - For computing period of limitation u/s 142(b) of the Act, date when cause of action arose would be excluded...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Limitation to file complaint - Complaint filed within one month after excluding day when cause of action arose, it cannot be said that complaint is ex-facie barred by time provided u/s 142(b) of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant produced and proved promissory note which was executed by accused at the time of borrowing amount - He also produced ledger and day book to prove original transaction - Plea of accused was that complainant had misused cheque and filed the case - However, no evidence was..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Complainant deposed that loan is shown in income tax return - However, income tax return not produced - Held, when legal presumption is available in favour of complainant which is not rebutted then no corroboration is required to version of complainant by submitting income tax return -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Complainant capable to advance loan - Loan was advanced on basis of personal relations - Held, preparation of other documents not required and cheque issued by accused is the best document for showing his liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused did not lead evidence that he had not borrowed money from complainant - Presumption survives and corroboration to the statement of complainant is not required...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Date of service of notice from which date cause of action arises i.e date of return memo as per provisions of S.138 of the Act is completely missing in the case - Period of complaint being filed from date of service of notice i.e within one month is also not complied in the case - Main ingredients of..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Return of complaint - Admittedly, complainant has presented cheques before bank at place `A', and in such a case, Judicial Magistrate at place `A' alone will have jurisdiction - But, strangely complainant has presented complaint before Judicial Magistrate at place `AR' by saying that she is having..........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint u/s 138 NI Act and FIR u/s 174-A IPC - Offence by company - Accused shown bonafide cause for non-appearance before trial Court - Service not effected at ordinary place of residence of accused and they were not aware of said fact..........
