Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - `Giving of notice' and `receipt of notice' is in relation to presumption of service u/s 27 of General Clauses Act which would attract only on proof by complainant by producing postal receipt which would clearly establish that postal cover was correctly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - No acceptable documents was produced by Complainant to show that alleged amount due to him has been quantified - Accused had rebutted statutory presumption and raised probable defence which creates doubt about existence of legal liability - In such circumstances, burden..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of Cheque - Clerical error - Any correction at belated stage, may adversely impact or delay proceedings, but if name of `P' is substituted by name of `R', in last line of deposition made as witness, the same would serve interest of justice, more particularly, when such..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque -Application to send disputed cheque for FSL - There is an overwriting in two documents, which are copies of notice sent by complainant, but record does not give any indication of record having been manipulated in Court, and at best, can be a correction made by complainant at time when notice was sent to..........
Negotiable Instruments Act, 1881, Section 138, 143(A) -- Dishonour of cheque - Failure to deposit interim compensation - Right to cross examine witnesses examined on behalf of complainant cannot be denied...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant successfully proved on record by leading cogent and convincing evidence that cheque in question was issued by accused towards discharge of his lawful liability and he has further successfully proved that cheque issued by accused on its presentation to bank concerned was returned on account..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - No classification of cheque, as bearer or cross cheque/account payee cheque is made in the Act, for the purpose of jurisdiction - From use of the word `any cheque' in S.138 of the Act it can be well inferred that it may be an account payee cheque or a bearer cheque, dishonour of which on account of..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Complainant having his bank account at place `H' and he presented the cheque there for collection - Intimation of dishonour of cheque received from Bank at place `H' - Court at place `H' has jurisdiction to try the offence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Speedy and expeditious disposal of case - Trial Court to decide case as expeditiously as possible without grating any unnecessary adjournment to either party...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties settled - 5% of cheque amount stands deposited by accused as compounding fee - Conviction and sentence set aside - Accused acquitted...........
