Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing of - Magistrate considered ocular and documentary evidence adduced by complainant and proceeded to take cognizance of case - Held, no illegality or irregularity in issuing summon to petitioner/accused after taking cognizance of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Accused alleged to have issued cheque in question towards part payment of loan availed by him - Defence of accused that signed blank cheque was given by him at the time of sanctioning the loan agreement along with other cheques and said cheque was misused by complainant..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint - Limitation - Non-delivery of AD - Complainant has proved that Registered Post A.D. notice was issued on 18.05.2009 - Complaint was made by complainant regarding no, delivery of acknowledgment card and it was only on 30.06.2009 that he was informed by postal authorities that notice..........
Negotiable Instruments Act, 1881, Section 138, 142(b), Goa Money Lenders Act, 2001, Section 2(1) -- Dishonour of cheque - Complaint - - Money lending - In pursuance of MOU entered into between parties, complainant advanced Rs.5 Lakhs to accused for his business - Accused agreed to repay amount with interest at 30 % per month- Complainant's case is that since accused did..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Cheque issued by accused to repay borrowed amount of Rs.65,000/- got dishonoured - Complainant failed to produce any document showing that any loan was advanced to accused - He failed to bring on record income-tax returns filed by him showing that Rs.65,000/- were given to accused..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Prosecution of Director - Quashing - Petitioner is merely a director of Company and has no active participation in the business of Company - Held, proceedings initiated against petitioner liable to be quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 437, 438 -- Dishonour of cheque - Cheque issued pursuant to agreement to sell got dishonoured - Agreement to sell is on record - Case of prosecution is that though it bears signatures of complainant, but body of writing was written later on - Held, all these matters have to be adjudicated..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - It can fasten liability on the drawer - Security cheque can be legally and validly utilized towards the discharging of the liability of the drawer - A security cheque is an acknowledgment of liability on the part of the drawer that the cheque holder may use the security cheque as an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Vests in any of the places where any of he component acts constituting the offence are committed - If acts that constitute the offence are committed in different areas, over which different courts have appropriate jurisdiction, there is no reason to restrict the jurisdiction of such..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Delay of 12 days in filing - Application for condonation - Rejection of - Validity - Held, quantum of delay is not important - What is important is explanation - Petitioner/complainant has not been straight forward in giving correct reasons for delay in filing complaint - There is no..........
