Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Cheque issued towards repayment of loan amount - Medical condition of accused - Evidence and material on record indicates that behavioural problems suffered by accused raising serious doubt about accused having signed the cheque and acknowledgment consciously and with the realization..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Non-examination of complainant - Adverse inference - Complainant executed power of attorney in favour of his daughter/PW1 - Accused not disputed the genuineness of power of attorney - Evidence of PW1 shows that she had personal knowledge about transaction which took..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption as to - Cheque in question and signatures upon it not disputed by accused - However, defence of accused is that PW1 and others came to his house and criminally intimidated his mother and taken a blank cheques, which was later on misused by complainant - No reason given by accused for..........
Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 21(2) -- Dishonour of cheque - Dispute referred to Lok Adalat - In case of settlement of any matter relating to S.138 of the Negotiable Instruments Act, the Lok Adalath must ensure that before passing the award, the entire amount settled between the parties is paid - If some period..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption of liability - Once signatures on instrument are admitted then it can be legally inferred that cheque in question was drawn for consideration...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption of liability - Accused admitted business relations with complainant - Balance amount against accused was clearly reflected in ledger account of complainant - Accused too acknowledged his liability on account reconciliation written on letter pad of his firm - Hence, cheque in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Prayer to run concurrent sentence instead of consecutively with main complaint - Material supplied under various bills on more than 200 different occasions as per requirement of accused-petitioner - These are different transactions during the business dealings..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Notice - Non issuance of notice to partnership firm - Legal notice issued to two partners of the firm who are drawers of cheque - There is thus sufficient compliance as to issuance of legal notice...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Plea as to issuance of cheque as security cheque - Not tenable at this stage, as same will be adjudicated after parties lead evidence - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of complaint - Complaint filed by company through its Director - Director was authorized to file complaint in view of valid resolution passed by Company - Contention of petitioner that Director was not an authorized person to file the complaint rejected...........
