Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - Delay in filing complaint - Legal notice must be issued by complainant to accused within a period of 30 days of receipt of information by him from bank regarding return of cheque - In case, drawer of cheque fails to make payment of amount of cheque in dispute, within a period of 15 days of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Capacity to advance loan - As per accused, he demanded friendly loan of Rs.1,50,000/- and as per complainant at relevant time he was not having Rs.1,50,000/- and gave only Rs.1,35,000/- by borrowing from his Mamaji by mortgaging the gold - However, complainant failed to tell the name of his..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of FIR - Allegations in FIR clearly refer malafide intention on part of petitioner - Even, when he was fully aware that he has closed his account, then why he has issued cheque - Hence, mens rea was..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Pre-mature complaint - Complaint filed before expiry of 15 days of service of notice - Complaint is not maintainable - Complaint and subsequent proceedings quashed - However, complainant may file fresh complaint within one month from date of order - Delay in filing complaint would be treated as..........
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..........
