Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 84 -- Dishonour of cheque - Proclaimed person - Satisfaction recorded by trial Court cannot be stated to be proper since no effective service of notice/bailable warrants/non-bailable warrants was proved to have been effected upon petitioner - Action of trial Court by switching..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Accepted by a relative - No evidence that accused was aware of service of notice on his relative - If there is no such evidence, it is to be presumed that statutory notice is not served on accused - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Money financing business - Complainant doing finance business, as finance/chit company was also being run at the same address mentioned by Complainant - Complainant denied said facts - However, detailed cross-examination as to various dates on which amounts were borrowed and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused pleaded guilty and deposited cash amount of Rs.2,00,000 and prayed to pay remaining amount in instalments of Rs.1,00,000 - However, Court directed to pay monthly instalment of Rs.1,50,000/- - Trial Court even thereafter recorded evidence and finally convicted accused - Sessions Judge allowed..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Every offence punishable under the Act is compoundable...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Petitioners settled dispute with complainant by making entire payment - Offence committed by petitioners u/s 138 of the Act thus, stand compounded - Petitioner No.2 acquitted of notice of accusation framed against him...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Money due to the firm - Complaint filed by Manager in his individual capacity - Prosecution is defective - Acquittal upheld...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - Letter issued by complainant informing about dishonour of cheque and request to give said amount immediately or complainant will have no option taking legal action against petitioner, cannot be construed as a demand notice as contemplated u/s 138(b) of the Act...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 101 -- Dishonour of cheque - Unclaimed notice - Initial burden is upon complainant that notice was sent - Once that initial burden is discharged and in case drawer of cheque disputes the address shown on unclaimed notice then burden shifts to drawer of cheque to demonstrate that address shown..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Unclaimed notice - Drawer of cheque needs to provide satisfactory and convincing evidence to show that address shown on notice is not his address - Drawer cannot frustrate legal process by not receiving the notice or by shifting residences without informing complainant...........
