Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Petitioner/accused admits in evidence that he has documents to prove the satisfaction of loan - He does not produce any documents - Held, when he is in possession of said documents it was his duty to produce same before Court - Non-production of material documents leads to an adverse inference -..........
Negotiable Instruments Act, 1881, Section 138(b), Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - Service of notice - Presumption u/s 114 of Evidence Act - Held, under the provisions of S.114 of Indian Evidence Act, 1872, when a notice is sent to the correct address, the presumption is that it is gone to the person to whom it is addressed - When there is..........
Negotiable Instruments Act, 1881, Section 138, 139, 141 -- Dishonour of cheque - Offence by company - Discharge of debt or liability - Presumption as to - Held, when accused No.1 company has issued the cheque which was signed by accused No.2 and was given to the complainant there is always presumption u/s 139 of NI Act that said cheque was issued by him for discharge of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque given under MOU got dishonoured - Complaint filed u/s 138 - Non-mentioning of MOU in complaint - Held, complainant was required to mention only facts which are necessary for purpose of making out offence i.e. issuance of cheque, Deposit of the same, Dishonour of said cheque, Service of statutory..........
Negotiable Instruments Act, 1881, Section 138 - - Dishonour of cheque - Notice - In demand notice name of petitioner/accused was mentioned as "Dinesh Goyal" instead of "Dinesh Chand Goyal" - Plea that since the correct name of petitioner/accused was not mentioned in demand notice, therefore, service of demand notice can not be said to be valid - Held, when being summoned..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Despite having knowledge of freezing the bank account of petitioner No.1 company by investigating officer, complainant has deliberately deposited cheque which has been dishonoured/returned - Petitioner-accused in reply to statutory..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Impugned cheque signed by applicant - Cheque was returned dishonoured on the ground of non sufficiency of funds - Demand notice issued by respondent neither replied by nor the amount of such cheque was paid by him - In defence-statement applicant-accused stated that cheque was never handed-over..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence of - Held, for constituting the offence u/s 138 of the N.I. Act what is required is issuance of cheque by a person from the Bank account maintained by him and that same is dishonoured on presentation within stipulated period of its validity and issuance of notice within the period stipulated and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Validity - Complainant issued demand notice for loan amount instead of cheque amount - Held, such notice is invalid - Valid notice of demand in writing for cheque amount is to be issued - Necessary requirements for constituting offence u/s 138 of the NI Act cannot be said to have seen..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 420 - Cheque issued in discharge of an existing liability - There may be an offence u/s 138 of Negotiable Instruments Act for which a complaint should have been filed - Dispute is of civil nature - Dishonour of cheque does not..........
