Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Bank's slip is a prima facie evidence to presume dishonour of cheque as per S.146 of the Act - However, in order to apply S.146 of the Act, bank's slip should have to mention the number and date of cheque and also cheque amount with respect to cheque dishonoured to enter into a finding that cheque..........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Intimation memo and dishonour memo do not contain number of cheque - Therefore, trial Court ought to have granted an opportunity to complainant to examine Bank Manger with relevant document to prove this aspect - Order of acquittal set aside - Matter remitted for fresh disposal after providing an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Additional claims - Presence of additional claims in the demand notice would not negate its validity, provided cheque amount is specified...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Additional claims - If in a notice while giving breakup of claim, cheque amount, interest, damage etc., are separately specified, notice will not be bad - However, if, in the notice, an omnibus demand is made, without specifying what was due under the dishonoured cheque, notice would be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Notice should be for cheque amount - If no such demand is made, notice would fall short of its legal requirement...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Not necessary to mandatorily incorporate in the complaint as to specific role attributed to the persons who are mere directors or employees of the company...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - No obligation on complainant to plead in the complaint as to matters within special knowledge of Company or directors or firm about specific role attributed to them in Company...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Administrative role of each director would be within the special knowledge of Company or director of firm and it is for them to establish that they were not in charge of affairs of Company - Contention that specific role attributed to directors should be set out in complaint does not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once signatures over cheque have been admitted by accused, then, onus is upon him to prove that cheque in question was issued without any legal liability - However, evidence of DW1 is too short to rebut said presumption - Since entire amount of compensation has been deposited and complainant has not..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 225 -- Dishonour of cheque - Summoning of accused - Accused residing beyond territorial jurisdiction of Court - Drill of S.225 BNSS not followed before issuance of process - Summoning order set aside - Matter remitted...........
