Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-MICR cheque - Cheques being presented on second time returned by bank on the ground of being not acceptable on account of its being non-MICR cheque, cannot be a ground for prosecution u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - Dispatch of demand notice under a certificate of posting is a valid mode of dispatch of demand notice...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Service of notice - No service report on record regarding service of demand notice upon accused - Only dispatch proof under certificate of posting is on record - No presumption in connection with such demand notice u/s 138 of the Act through certificate of posting can be drawn unless it is coupled..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Premature complaint - Date of dispatch of legal notice regarding bouncing of cheques by complainant is 24.7.2007 - Date of deemed service of notice of legal notice upon accused would be on or about 24.8.2007 (30 days from dispatch of legal notice) and 15 days from date of service of notice would..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Conviction by Appellate Court - Sufficient opportunities not given to accused to defend the case, especially when he intended to reverse the judgment of acquittal - Even, otherwise, if at all accused has not appeared before Court and argued the matter, Sessions Judge should..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance - Quashing of - Even though there is some technical cliches regarding presentation of complaint in the sense that complaint has not been initiated by a Director of company acting on behalf of company but by an employee of company,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Accused admitted that cheque was drawn by him and same came to be dishonoured when presented for its realisation by complainant had also issued a notice to accused demanding cheque amount - Said evidence of PW1 could not be shaken by accused though he has cross examined PW1 and led evidence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Complainant failed to lead appropriate evidence to satisfy Court regarding mandatory requirement of issuance of notice u/s 138 of the Act - Accused rightly acquitted - Leave to appeal held, rejected...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 482 -- Dishonour of cheque - Additional evidence - Accused was assigned to sell property belonging to complainants who sold their property belonging to complainants who sold their property and taken money from purchasers but not paid complainant - Cheques which were issued to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Plea of accused that she issued blank cheques and she did not even fill in those cheques - Cannot absolve her from liability particularly when it is proved that she had a business transaction with complainant and admittedly she had taken advance from complainant to facilitate such..........
