Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Accused in his statement u/s 313 Cr.P.C. admitted that he had dealing with the complainant and issued cheque which could be encashed by the accused - Held, there is presumption with regard to the act that it was against legally enforceable liability...........
Negotiable Instruments Act, 1881, Section 138, 138 -- Dishonour of cheque - Legally enforceable debt - Presumption - Signatures and execution of cheque admitted - Presumption available does not stand rebutted by merely saying that cheque was neither given for business transaction nor for a liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Postal receipt issued on the proforma meant for telephone bill - Postal receipt revealing that it was issued with regard to registered post letter and not for telephone bill...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Alteration in postal receipt - Figure `97' having darker ink than other figures - It does not appear to be alteration rather it is natural one...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint dismissed for default - Complainant remained absent on numerous occasions - Complainant seeking adjournments on one ground or the other without leading evidence - On the day of dismissal of complaint, complainant sought exemption from appearance but disallowed and complaint dismissed - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Two cheques issued by two separate persons during the course of same transaction - Single complaint - Maintainability - Held, persons accused of the same offence committed in the course of same transaction can be charged joint - No illegality in holding a joint trial. (Criminal Procedure Code, 1973, S.223(a)...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - There is presumption that cheque is issued for discharge of a debt or liability - However, there is no presumption of legally recoverable debt - Accused can rebut this presumption by probable defense - After rebutting this presumption, onus shifts on the shoulder of the complainant to prove..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Two notices sent to accused but returned due to non availability of accused - Third notice duly served on accused - Held, limitation for filing complaint would start from the date of service of third notice...........
Negotiable Instruments Act, 1881, Section 138, Indian Partnership Act, 1932, Section 32(3) -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of director - Legality of - Petitioner having resigned from directorship of company long prior to the arising of cause of action stands substantially established - Prosecution of director liable to be quashed...........
