Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Repeat of pen in the amount written in figures - There is no alteration of any kind in the amount filled up in the words - No assertion that there is any tampering, smudging or alteration or overwriting in the amount written in words - In case of..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Repeat of pen in the amount written in figures - No alteration of any kind in the amount filled up in words - Only defence in the case is that cheque in question is only a security cheque - Keeping this assertion in view, the amount mentioned in the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Source of income - Non production of document with regard to source of income to advance loan - Not a ground to dismiss complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan - Cheque dishonoured due to `insufficient funds' - Categorical admission that cheque given by accused when presented for payment was returned with endorsement `insufficient funds' - Complaint cannot be dismissed on the ground that complainant has not proved his source for advancing loan to the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan - Accused admits that cheque has bounced on account of not sufficient funds in his bank account - However, accused not given any reply to legal notice - Defence of accused that on very same day he went and told complainant that he has not issued such notice cannot be accepted - Accused cannot..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Company not arraigned as an accused - Cheque in question is signed by applicant, in capacity of Managing Director of Company - It is thus, imperative on part of complainant to implead Company as party accused - Unless company is arraigned as an accused, order of issuance of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent by registered post at correct address - Once notice is sent by registered post with acknowledgment, it must be presumed that service is made effective...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Notice - Returned due to unavailability of addressee - Notice sent to accused through registered post on his correct address - Once notice has been sent by registered post with acknowledgement, it must be presumed that service is made effective - Service of notice has to be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Cheque returned with endorsement "kindly contact drawer/drawee bank and pleasen" - Plea that cheque was not returned for insufficient funds - Held, onus to prove that at the relevant time accused had sufficient balance in his account has to be proved by summoning bank record -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque towards sale consideration - No document or evidence as to execution of conveyance - There was no existing debt or liability against which cheque was given - Accused acquitted...........
