Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards repayment of advance taken by accused - Failure to prove such transaction - No receipt of taking advance - Amount in figures and words alongwith date in different ink with other writing - Handwriting also different - Transaction took place in the year 1995-96 and cheque of the year..........
Negotiable Instruments Act, 1881, Section 138, Bombay Money Lenders Act, 1947, Section 2(9)(f) -- Dishonour of cheque - Money lender - Complainant advanced some amounts on interest and in all probability had taken blank hundies and blank signed cheques - There is a reason to believe that complainant was advancing money as and by way of a business of money lending without..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan amount - Solitary instance of giving a loan does not make a person "Money Lender"...........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption u/ss 118(a), 139 of Act arising in favour of complainant is rebuttable - It is not necessary for accused to lead any defence evidence in order to rebut said presumption - Accused can do so on the basis of evidence led on behalf of complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Funds insufficient - Loan amount - Cheque issued for re-payment of loan amount of Rs.30 lakhs - Dishonour of cheque on account of funds insufficient - Statement of bank Account produced to prove the fact of dishonour of cheque - Chief Manager of Bank has also deposed that cheque was dishonoured for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Funds insufficient - Loan amount - Legally enforceable debt - Documents on record prove that an amount of Rs.30 lakhs was transferred from the account of complainant to the account of accused - Accused did not dispute signature/execution of Loan Security Bond and a Promissory note - Evidence on record..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act - Where Magistrate intends to hold regular trial, he has to record reasons as to why he deems it fit not to try case summarily - However, mere absence of any such order does not vitiate entire trial...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Simply because someone is a Director in a company, he cannot be held responsible in respect of a cheque issued on behalf of company - However, if concerned Director is i, charge of and is responsible to the company for its conduct of business, he can be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Quashing of complaint - When there was an allegation to the effect that Directors were involved in day-to-day business of company, High Court ought not to have quashed the proceedings against such Directors - Moreso, notice issued to company was refused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Return of complaint u/s 138 of the Act for filing before Court of competent jurisdiction - After issuance of ordinance 2015, offence u/s 138 of the Act shall be inquired into and tried only by Court within whose local jurisdiction, cheque is delivered for collection through account, or branch of bank..........
