Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Notice served on accused on 15.5.2018 - Complaint should have been filed on or before date 29.6.2018 - However, complainant got knowledge regarding date of service of notice on accused only on 26.6.2018 - Complaint filed by complainant only on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - If acknowledgement card is not returned within a reasonable time, it is for complainant to make enquiry with postal department regarding fate of notice sent by him...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Any complaint filed before expiry of fifteen days from date on which notice has been served on drawer/accused is no complaint at all in eye of law...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to handwriting expert - Absence of plea either by complainant or accused that accused made entries in the cheque - Accused admitted signature in the cheque - When accused admits signature in the cheque, it is immaterial whether some other person had made..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Parties arrived at a settlement in terms of a joint memo - Offence compounded - Conviction set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion - Non consideration of petition filed by accused - Execution of cheque proved - Held, mere non consideration of petition filed by accused is not a matter which accused can canvass as a ground which caused prejudice to his defence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - No marked difference between signatures of accused on the cheque and admitted signatures - Mere suggestion that accused did not sign the cheque and it was removed by theft is not a good substitute for reliable evidence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.3,75,000/- - Source of income - Amount advanced to accused as loan was already kept in the house of complainant for the purpose of building construction - Complainant had thus requisite funds also for advancing loan to accused - Moreover presumption of consideration not rebutted by accused in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pleading that cheque was issued in April, 2013 - However, in cross examination it was stated that cheque was issued in the month of October, 2013 - Accused admitted his signatures on cheque - Held, statement of complainant qua issuance of cheque relates to insignificant aspect of the case...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Accused did not respond to the legal notice - Amounts to his admission qua taking of loan from the complainant...........
