Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Evidence of complainant by way of affidavit - Cross examination of complainant - Permissible only when accused makes an application by pointing out on what point he wants to cross examine the witness(es) and then only Court shall recall the witness by..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 251, 482 -- Dishonour of cheque - Quashing of proceedings - Notice u/s 251 Cr.P.C already framed against accused and she pleaded not guilty and claimed trial - Application filed by accused u/s 145(2) of N.I Act allowed - Authorized representative of complainant already..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Friendly loan of Rs.15 lakhs by Income Tax practitioner to his client - Blank signed cheque issued for its repayment - Loan advanced not by cheque or demand draft or RTGS and without obtaining any writing to this effect - Such loan not shown in the income tax return of complainant - Held, (a)..........
Negotiable Instruments Act, 1881, Section 138, 139, 20, 87 -- Dishonour of cheque - Issuance of signed blank cheque - Subsequent filling in of an unfilled signed cheque is not an alteration...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - It is rebuttable presumption - However, onus of proving that cheque was not in discharge of any debt or other liability is on the accused drawer of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheque - Issuance of post dated cheque does not absolve drawer of cheque of penal consequences of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - If cheque is duly signed by the drawer, it is immaterial that cheque may have been filled in by any person other than the drawer - If cheque is otherwise valid, penal provisions of S.138 would be attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - If a signed blank cheque is voluntarily presented to a payee, towards some payment, payee may fill up the amount and other particulars - This in itself does not invalidate the cheque - Onus will still be on accused to prove that cheque was not in discharge of debt or liability by adducing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Prosecution based on second or successive default in payment of cheque amount - Not impermissible because no statutory notice was issued after first default and no proceedings had been initiated...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused accepts his liability arising out of the cheque in question - Accused prayed that his salary be attached and deposited in Court and cheque amount be deducted in pro rata basis - Order accordingly - Trial Court to ensure that for delayed payments complainant is compensated by appropriate lawful..........
