Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Proof - Accused received demand notice but failed to reply - In her statement u/s 313 of the Code accused has denied everything including availing of loan, issuance of cheque, receipt of statutory notice, etc. - She has not explained any of the incriminating circumstances appearing against her in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Trial - Substitution of person who filed complaint - Validity - Respondent sought and granted permission by Court below to substitute person who originally instituted complaint with that of another person citing health reasons by specifically reserving right of petitioner to cross-examine new person who..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Complaint - Settlement - Modification of - Parties entered into an amicable settlement whereby petitioner agreed to pay sum due in full and final settlement of claim of respondent bank - Application for modification of terms of settlement - Held, once settlement reached is accepted by Court or an..........
Negotiable Instruments Act, 1881, Section 138, 142(c) -- Dishonour of cheque - Cause of action - Cheque can be presented any number of time during period of its validity - However, cause of action within meaning of S.142(c) arises and can arise only once - On each presentation of cheque and its dishonour a fresh right and not cause of action accrues in his favour - He may,..........
Negotiable Instruments Act, 1881, Section 138, 142(c) -- Dishonour of cheque - Held, following facts are required to be proved to successfully prosecute drawer for an offence u/s.138 of the Act - (a) cheque was drawn for payment of an amount of money for discharge of a debt/liability and cheque was dishonoured; (b) cheque was presented within prescribed period; (c) payee..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Cheque issued by respondent/accused for payment of interest on outstanding dues dishonoured - Cheques which have been produced by appellant, and contents of cheques dishonoured are in different hand writing, though signatures on those cheques are admitted by respondent - Defence..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued to repay loan of Rs.9.30 lacs - Source from where such a huge amount generated not disclosed - Loan not reflected in income-tax return - This clearly creates a doubt regarding truthfulness of stand taken by complainant that he advanced loan of such a huge amount - Benefit of doubt..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Complaint - Order remitting matter to trial Court to dispose of case after affording an opportunity to respondent has been challenged in appeal filed u/s.378(4) - Held, impugned order of remand is neither an order of conviction nor acquittal and it does not..........
Negotiable Instruments Act, 1881, Section 138, 118, 139, 114(g) -- Dishonour of cheque - Presumption as to consideration - Held, presumption is a rebuttable one in law - It is open to accused to prove before appropriate/Competent Court of Law to the effect that cheque in issue is not supported by any valid consideration...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Averment in complaint that notice was sent by registered post at correct address - A person who does not pay within 15 days of receipt of summons from the Court alongwith copy of complaint cannot obviously contend that there was no proper service of notice by ignoring statutory presumption to..........
