Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Holder in due course - Mere signatures on back side of cheque does not amount to endorsement - Passing of consideration not duly proved by holder in due course by summoning the drawee of cheque whose signature is found on the back side - Held, complainant failed to prove that he is holder in due course..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion - Signatures and date admitted - Expert opinion as to age of disputed contents of the cheque - Accused is estopped from raising such plea - Further held, non availability of expert can be ground for rejection of request...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - In response to reply to notice issued by respondent No.2, petitioner never agitated the question that cheque in question did not bear signature of petitioner - This fact was agitated for first time during pendency of appeal - Moreover, petitioner admitted the fact of earlier..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Material alteration in the cheque - Exaggerated amount mentioned in the cheque does not tally with amount due by accused - Amount borrowed by accused is said to have been repaid by them in installments - Even on the cheque there is an endorsement that Rs.1 lakh has been..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Statutory notice was sent to correct address of accused - Accused was not available at the time of delivery of registered post - Postman had visited house of respondent on 07.06.2001, 08.06.2001, 09.06.2004, 11.06.2001 and 12.06.2001, on which day he had left intimation - Held, finding of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption - Rebuttal - Version of accused that complainant had stolen a cheque from house of accused - Accused has not made it clear as to why he had left signed blank cheque in his house - Accused does not give date on which he noticed theft of his signed blank cheque - Accused has no case that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Stand of accused is that he borrowed only Rs.1 lakh and at that time, he had given a cheque to complainant as a security - Appellate Court by relying upon reply of accused held that accused had availed loan of Rs.1 lakh and not Rs.11,25,000/- from complainant and directed accused to pay Rs.1..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant failing to lead evidence despite availing opportunities - Order dismissing complaint and acquitting accused, held, proper...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Cheque issued to pay time barred debt - Time barred debt is not a legally enforceable debt - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Issue of process - Magistrate can issue process on the basis of contents of complaint, documents in support thereof and affidavits in support of the complaint - However, Magistrate can call upon complainant to remain present in Court and examine him and/or his witnesses upon oath for taking..........
