Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Examination of handwriting and fingerprint expert - Comparison of signatures on cheque - Cheque in question had not been returned by bank on account of difference in signatures but on account of insufficient funds - No purpose therefore, would be served in..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit by accused - Accused cannot be permitted to file affidavit in lieu of examination-in-chief in proceedings u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant be afforded one more opportunity to adduce evidence by producing and marking cheque return memo in question through a competent witness - Matter is remanded to trial Court for fresh disposal, after affording opportunity to parties to adduce fresh evidence in continuation of evidence already..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Admittedly, accused has not taken any appropriate steps to secure back his blank cheque alleged to have been given by him to complainant at time of loan transaction - Had he really issued a blank cheque as a security in previous loan transaction, accused should have necessarily taken appropriate steps..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Complaint does not disclose any averments which shows that accused was in charge of conduct of business of company except stating that she was one of Directors of Company - Statutory requirement as contemplated u/s 141 of the Act, not fulfilled or complied with - Complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - By registered post - It is proper service of notice - There is no requirement to serve notice under certificate of posting...........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent by registered post with correct address - Service of notice is deemed to have been effected on the sender unless he proves that it was really not served and he was not responsible for such non service...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Applicability of S.219 Cr.P.C. - There is no bar to lodge a single complaint in respect of more than one offence punishable u/s 138 of the Act - Thus, S.219 Cr.P.C. would not apply to proceedings u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Cheque in question was dishonoured on 24.12.2018 and complaint was filed on 24.5.2019 - S.143-A of the Act is thus, applicable - Matter rightly remitted to Magistrate to consider complainant's application for grant of interim compensation u/s 143-A of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Complainant failed to establish by acceptable evidence that cheques were issued in discharge of legally enforceable debt or liability - Moreover, undated cheque having been given only as a security, provision of S.138 of the Act are not at all attracted and hence, charges framed against..........
