Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Holder in due course - No endorsement in favour of Bank - Notice given by bank is of no consequence - Summoning order and complaint quashed...........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - If notice is issued to correct address of accused and if notice is not served due to the reasons assigned in returned legal notice, it is deemed that notice is served to accused in terms of S.27 of General Clauses Act r/w..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney of a company/firm - Complainant produced statements of accounts which shows that outstanding amount due from accused to complainant tallies with amounts covered by cheques - Complainant has discharged its initial onus of proof by satisfying the concomitants constituting..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Date of receipt of notice is very important but it is not necessary that any particular date as regard receipt of demand notice should mandatorily be mentioned in the complaint itself - Day of receipt of demand notice can very well be inferred from documents/evidence on record...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of demand notice - Even if track consignment report is not filed, Court may presume service of notice in ordinary course of business, if it is shown that same was sent by registered post on correct address...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Date of receipt of notice is very much important but it is not necessary that any particular date as regard receipt of demand notice should mandatorily be mentioned in the complaint itself - In case dates are not revealed in the complaint, same can be inferred from paper on record...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Signature on cheque not disputed by accused - Accused neither replied to demand notice nor he led any rebuttal evidence in support of his case - However, theory of blank cheque being misused has been suggested to complainant during cross-examination which was denied by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Notice was sent to accused in accordance with provisions of the Act - Telegram was also sent to accused and in response he requested to present the cheques again for repayment - By making such request it reveals that no letter to stop payment had been moved by accused to Bank as alleged..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Once petitioner has brought on record unimpeachable evidence in the shape of documents that he has resigned from directorship before issuance of cheque, merely because he did not reply to legal notice denying her directorship, no adverse inference can be drawn against..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Complainant proved the ingredients for offence u/s 138 of the Act - There is due compliance about issuance and service of notice - Accused tried to take defence of re-payment of loan amount, however, he could not substantiate it - Since complaint is pending since 2011, accused convicted for..........
