Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Complaint filed at Chandigarh, although cause of action had arisen at Jallandhar - Legal notice for demand of payment had been issued from Chandigarh - Held, Courts at Chandigarh do not have jurisdiction to try the complaint - Besides..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - From perusal of complaint and material on record it cannot be said that no offence is made out against applicant - All submissions made at the bar relate to disputed questions of fact - Held, such questions cannot be adjudicated upon by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Revision - Concurrent findings - Held, in revision High Court will interfere with concurrent findings recorded by both Courts only if they are perverse or not based on evidence - In the instant case, findings recorded by both Courts below are after thoroughly scrutinizing evidence and upon..........
Negotiable Instruments Act, 1881, Section 138,139 -- Dishonour of cheque - Legally enforceable debt - Presumption is attached that if cheque was issued then it will be presumed that it was issued for consideration - Held, in those circumstance, it is not necessary for complainant to prove that there was some existing liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque whether issued in the personal capacity or as proprietor of the business concern - Production of account books - Account books need not to be produced when neither any question is asked during cross examination nor such documents were sought to be produced...........
Negotiable Instruments Act, 1881, Section 138 -- Pay order - It is a cheque within the ambit of S.138 of the Act - On dishonour of a `Pay order' proceedings u/s 138 of the Act are competent in law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Accused did not respond to statutory notice - Finding of conviction concurrently recorded by Courts below - Defence denying execution of cheque found to be false - Conviction calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Contention of applicant that at the time of execution of sale-deed entire agreement amount i.e. Rs.5,56,000/- has been paid to seller before witnesses and cheque in question was given to seller in advance which he had assured to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Criminal complaint - Quashing of - Petitioner was resident of Faridabad - Cheques in question were drawn on Punjab & Sind Bank, Ajronda, Faridabad where petitioner was maintaining its account - Cheques though were deposited for collection by respondent through..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Counter FIR alleging theft, cheating and forgery of the cheque in question - Quashing of - Cheque issued by respondent No.2/accused in discharge of outstanding dues dishonoured - FIR lodged by respondent alleging that he had lost blank signed..........
