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..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Dismissal of application u/s 145(2) of the Act on the ground that no cross-examination of complainant was required - S.145(2) of the Act mandates that once application by accused is filed, Court is obliged to summon person who has given evidence on affidavit in terms of S.145(1) of the Act -..........
Negotiable Instruments Act, 1881, Section 138, 145(1) -- Dishonour of cheque - Evidence on affidavit - Evidence already given by complainant by way of affidavit is sufficient proof of offence - This evidence not required to be given again in terms of S.145(1) of the Act and has to be read during trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence plea of accused - High Court cannot usurp powers of Metropolitan Magistrate and entertain a plea of accused as to why he should not be tried u/s 138 of the Act - This plea as to why he should not be tried u/s 138 of the Act has to be raised by accused before Court of Metropolitan Magistrate u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence plea of accused - Offence u/s 138 of the Act, is an offence in personal nature of complainant and since it is within special knowledge of accused as to why he is not to face trial u/s 138 of the Act, he alone has to take plea of defence and burden cannot be shifted to complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cross-examination of complainant - Once complainant has brought forward his case by giving his affidavit about issuance of cheque, dishonour of cheque, issuance of demand notice etc., he can be cross-examined only if accused makes an application to Court as to, on what point he wants to cross examine..........
