Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant specifically admitted receiving of part payment of Rs.4,00,000 from accused but categorically stated that cheque issued by accused for balance amount was dishonoured - Accused failed to prove the defence taken by him - Though accused set up a case that he had not issued any cheque but no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant specifically admitted receiving of part payment of Rs.4,00,000 from accused but categorically stated that cheque issued by accused for balance amount was dishonoured - Accused failed to prove the defence taken by him - Though accused set up a case that he had not issued any cheque but no..........
Negotiable Instruments Act, 1881, Section 138, 56 -- Dishonour of cheque - Part payment made - Not endorsed on the instrument in compliance with the mandate of S.56 of the Act - Entire cheque amount cannot be said to be legally enforceable debt - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - Fine forms part of sentence when Court imposes imprisonment and fine - In such cases, Court has to order payment of compensation from amount of fine as provided u/s 357(1)(b) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Works contract - Cheque of Rs.10 lakhs issued towards part payment of Rs.83.90 lakhs - Cheque returned on technical grounds - Cheque amount transferred through RTGS on the same day - No material placed on record that an amount of Rs.83.90 lakhs was due for payment and cheque was re-presented towards..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that there is no privity of contract as contended by accused cannot be accepted as accused has already made part payment - Thus, contention of accused that accused is not liable to pay any amount cannot be accepted - Conviction proper...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - When notice itself is vague, the notice would be imperfect for not having specifically contained the demand for payment of outstanding amount and therefore, a notice of demand which requires the drawer to make the payment of entire sum of cheque after having received a part of such amount..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Notice - Part payment made by respondent - Amount of cheque is higher than the amount which actually was due to complainant - Trial Court rightly held that part payment made by respondent ought to have been reflected in the notice issued by complainant - Thus, Court has chosen..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Of lesser amount than that of cheque amount - Part payment of cheque amount received - Notice issued of actual amount due - Notice not invalid...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution of cheque - Mere admission or establishing of signature does not amount to proving of execution of cheque and where a person claims that he got cheque towards repayment of debt that was legally recoverable from accused - Under such circumstances it is incumbent on part of complainant to..........
