Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque return memo - If cheque return memo is not bearing any official stamp of bank, it does not render cheque return memo as invalid or illegal and entire trial is not rendered as nullity...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque return memo - If there is any infirmity in cheque return memo, it does not render entire trial u/s 138 of the Act as nullity, as cheque return memo is not a document which is required to be covered under Bankers Book (Evidence Act)...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of order taking cognizance - Disputed questions involved in the matter with regard to payment of amount with respect to cheque in question - However, date of return memo of cheque whether it is within time or not and amount in question was required to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque return memo - Cannot be said to have been proved without examining Bank official/clerk - Complaint against accused remains unproved - Acquittal upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque return memo - If cheque return memo is not bearing any official stamp of bank, it does not render the cheque return memo as invalid or illegal...........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Cheque return memo - Neither S.138 nor S.146 of NI Act prescribes any particular form of cheque return memo - Cheque return memo is nothing but a mere information given by the Banker of the due holder of a cheque that cheque has been returned as unpaid...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque return memo - In case of any irregularity or illegality in the format of cheque return memo then it can be addressed during the course of trial...........
Negotiable Instruments Act, 1881, Section 138, 146, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheque return memo - Quashing of complaint - Plea that photocopy of cheque return memo filed and original not filed and secondly cheque return memo is without bank seal - Neither S.138 nor S.146 of NI Act prescribes any particular form of cheque return..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of Manager of bank - Account statement of accused along with requisite clarification as to return memo is essential for just adjudication of case - No irreparable loss would be suffered by accused if application to summon Manager alongwith relevant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant be afforded one more opportunity to adduce evidence by producing and marking cheque return memo in question through a competent witness - Matter is remanded to trial Court for fresh disposal, after affording opportunity to parties to adduce fresh evidence in continuation of evidence already..........
