Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Right to lead complainant's evidence closed - Complainant seeking her recall for her further cross-examination - Complainant had been neither diligent nor serious about leading her evidence - Matter remained pending for recording complainant's evidence from..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If cheque is dishonoured for following reasons then it will be sufficient for prima facie case for issuing process, viz. (i) case referred to drawer (ii) instruction for stoppage of payment (iii) exceeds arrangement (iv) insufficient fund (v) signature differed or mismatch (vi) account closed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - `Account closed'- There is no illegality in summoning the accused - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Account closed' - Return of cheque on account of `Account closed' constitutes offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account closed - When cheque is dishonoured for the reason `account closed', it cannot be presumed that accused has not issued the cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account closed - When cheque is dishonoured for the reason `account closed', it cannot be presumed that accused has not issued the cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account closed - Execution of cheque proved - Accused did not successfully rebut presumption in favour of complainant - He has no case that he has not borrowed the money - Accused has not explained how his cheque happened to be in possession of complainant - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account closed - Execution of cheque proved - Accused did not successfully rebut presumption in favour of complainant - He has no case that he has not borrowed the money - Accused has not explained how his cheque happened to be in possession of complainant - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque returned on ground of `account closed' - It will attract S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that bank account was already closed - Cheque returned with bank endorsement `insufficient funds' - If account was closed, there was no occasion for Bank to return cheque with said remarks...........
