Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Jurisdiction of Court - Recovery suit on the basis of dishonoured cheque - Cheque presented in Bank at place `C' and dishonoured - Dishonor of cheques at place `C' which is a part of the cause of action for plaintiff's suit would bring the suit within territorial jurisdiction of Court at place `C' - Order of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - As per petitioner he did not sign the cheque - Dishonor by the bank was made not on the ground that the signatures differ but on the ground that insufficient funds - Onus shifted on petitioner but petitioner failed to lead any evidence which arose in favor of bank - There is no illegality..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal Breach of trust - Dispute is regarding dishonor of cheque - Only permissible remedy available to complainant would have been to file a complaint u/s 138 of Negotiable Instruments Act - However, no action is taken under said Act - Moreover, accused has not been imputed the intention to cheat complainant at the..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonor of cheque - Presumption - Appeal against acquittal - No valid documentary evidence produced by complainant for substantiating legality or existence of any legally enforceable debt or other liability on part of accused - Even, said debt/liability is not reflected from relevant balance-sheet which was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Demand notice - Presumption - Courts below failed to consider that there is no evidence on record to show that legal notice sent under registered post was ever served upon accused - Presumption regarding service of demand notice sent even through registered cover can be drawn only upon expiry of 30 days..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Business dealing between parties - Case regarding dishonor of cheque u/s 138 of N.I. Act already filed - It is thus, just and expedient to release petitioner on bail - Anticipatory bail granted to petitioner...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Forgery - Interpolation of cheque - Scribe i.e payer/complainant made slip of pen in between words of amount written on cheque - He appended his signatures to ratify cutting and validated the cheque - Bank did not dishonor the cheque on ground that rectification/alteration amounts to mutilation - Trial..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonor of two cheques - Conviction - Concurrent running of sentences - Two complaints filed in respect of two loans advanced in the course of a series of transactions on the same terms and conditions - Both the complaints tried together and same sentences awarded in both the..........
Criminal Procedure Code, 1973, Section 378, Negotiable Instruments Act, 1881, Section 138 -- Dishonor of Cheque - Appeal Against acquittal - Complainant and accused in lieu of some business venture exchanged the blank signed cheques - Complainant has not produced any evidence except the cheque in question to prove he has given any loan to accused - Accused has produced..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 220 -- Dishonour of Cheque - Joint trial - A single complaint can be filed in respect of dishonor of multiple cheques issued by accused in favour of complainant in respect of same transaction - Trial Court therefore committed no illegality in proceeding to conduct a common trial in..........
