Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Does not require to be attested...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Defendant denied his signature in suit promissory note - Burden therefore, lay on plaintiff to establish that suit promissory note was actually executed by defendant - Though, promissory note does not require registration, however, promissory note in question is attested by two witnesses..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to - Analysed - (1) High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints u/s 138 of the Act from summary trial to summons trial; (2) Inquiry shall be conducted on receipt of complaints u/s 138 of the Act to arrive at..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 32B -- Recovery of 1 kg heroin - Commercial quantity - Reduction of sentence - Accused was found to be in possession of 1 kg heroin and he sold it to informant - He cannot be said to be a mere carrier - Offence in question has a deadly impact on society as a whole - Even otherwise, Special Court has taken..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Disputed questions of fact i.e whether petitioner was Director or Authorized Signatory of accused company or petitioner's employment with accused/company was confined to maintenance of accounts, whether or not cheque in question was..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70(2) -- Dishonour of cheque - Dismissal of complaint in default - Non-bailable warrant issued against accused to secure his presence - However, warrant was not at all executed, nor cancelled and same is in force - Therefore, question of taking further steps and dismissing complaint for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by accused without name of payee which complainant himself filled up and presented in bank for encashment - Cheque amount was payable in terms of a written contingent agreement copy of which is of course not exhibited, in the event of performance of function by artists through one..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to FSL - To determine age of ink and writing of cheque - Accused not denied his signatures on cheque - Even, accused had not taken any plea that writing of cheque was in different ink - Accused could not give any plausible reason for sending cheque in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Compensation in lieu of sentence - Accused handed over two demand drafts of Rs.7,41,000 in favour of complainant as compensation as he offered to pay twice the cheque amount as compensation in lieu of sentence of imprisonment of one year and Rs.9,000 towards cost of proceedings - Complainant..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Case put forward by accused is more believable and that it cannot be believed that complainant had lent a sum to a person whom he has seen only from tyre shop, when accused came to purchase tyres - It has come out during cross examination that complainant..........
