Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Five cheques - One notice - Amount of each cheque mentioned specifically and separately - One complaint can be filed though there was one demand notice - In the instant case one complaint filed in respect of four cheques - No illegality...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Five cheques - One notice - Amount of each cheque mentioned specifically and separately - Notice in respect of one cheque not valid - Does not make the entire notice invalid...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Can be enforced by imposing a sentence in default...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal - Suspension of sentence during pendency of appeal - Condition of depositing compensation amount can be imposed - When amount of compensation is heavy Court can direct deposit of a reasonable amount - In exceptional cases it can be granted without requiring deposit of compensation amount - In the..........
Negotiable Instruments Act, 1881, Section 145 -- Examination-in-chief of complainant can be given on affidavit - If once affidavit is given then examination-in-chief need not to be recorded again - Accused thereafter, if so requires, may request Court to call complainant for cross examination...........
Negotiable Instruments Act, 1881, Section 4, 118, Evidence Act, 1872, Section 101 -- Promissory note - Containing signature of one witness but his name not mentioned - Said witness not examined - Execution not proved - Merely because the document bears the signatures of executant it does not amount to accepting the liability in view of specific denial of execution of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan raised by executing promissory note - Subsequently cross cheque issued - Non production or loss of promissory note - By itself not a circumstance that there was no legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Loan raised by executing promissory note - Subsequently cross cheque issued - Mere non filing of suit for recovery of amount borrowed under promissory note - By itself not a circumstance to conclude that there was no legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Failure of drawer to reply - It is one of the strong circumstances to draw an inference that the accused borrowed the amount and the cheque was issued towards payment of the legally enforceable debt...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed u/s 138 Negotiable Instruments Act - During trial it came to light that accused had closed account long prior to date of issuing of cheque - Subsequently complainant filed complaint u/s 420 IPC - Held,..........
