Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant is supported by provisions relating presumption under NI Act - Sale agreement and power of attorney would corroborate contention of complainant - Apart from denial at time of complaint till accused sets up a case, it is incumbent on him to mention the same or establish the same - Ingredients..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused is of 70 years - Thus, it appears to be proper to impose fine amount and in default to pay fine amount, to undergo imprisonment as stated...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand to make payment within seven days - Statutory notice not fulfilling the requirements of S.138(c) of the Act - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant a practicing Advocate - Practicing Advocate advanced loan to his client - Practicing Advocate is barred from having any business transactions or loan transactions with his client - Act of complainant amount to professional misconduct - Entire proceedings nothing but clear abuse of process of..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Compliant filed at a place other than that where cheque was presented for collection and dishonoured - On this ground complaint cannot be sustained, hence, quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Condonation of delay in filing revision - Delay of 2131 days in filing revision - No sufficient cause has been made out for such delay in application - Accused has already undergone approximately 7 months - No cause therefore is made out to condone inordinate delay - Application for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in favour of complainant for the amount due to complainant and 12 others - Only an amount of Rs.20,000/- is due to the complainant and balance amount of Rs.2,40,000/- belongs to 12 others - Without power of attorney or authorization or any other evidence authorising the payee or holder in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in favour of complainant for the amount due to complainant and 12 others - Only an amount of Rs.20,000/- is due to the complainant and balance amount of Rs.2,40,000/- belongs to 12 others - Without power of attorney or authorization or any other evidence authorising the payee or holder in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques drawn need not be in discharge of drawer's liability alone...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint cannot be initiated against legal heirs of a person who had issued the cheque...........
