Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused on a printed proforma by filling up the blanks - Summoning order on printed proforma by filing up blanks without application of judicial mind is objectionable and deserves to be deprecated - Summoning of accused in a criminal case is a serious matter and order must reflect that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused that complainant was not holding a licence to lend money - Plea held, not sustainable under law as when complainant is lending loan to his friend, which is hand loan without charging any interest that cannot be considered that he is doing money lending business, for which he should hold..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused that complainant has not disclosed lending amount in his income tax returns and also paid amount by way of cash which attracts penalty under Income Tax Act - Plea held, not sustainable as it is for Income Tax Authorities to take action against complainant for lending amount by cash and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused is that complainant has stolen cheque from him in his house - Plea held, not tenable as accused admitted his signature and contents of cheque - Even, accused could have replied to legal notice stating that cheque has been stolen from him - Moreover, accused has not chosen to file any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cash loan of Rs.50,000/- - Plea that amount of Rs.20,000/- and above should be given only by cheque - Cash loan of Rs.50,000/- does not lead to inference that there was no loan transaction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cash loan of Rs.50,000/- without obtaining a pronote - Complainant stated that he knows accused who was his neighbour and in good faith, he gave the loan of Rs.50,000/- - Loan cannot be disbelieved on the ground for not taking promissory note...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Two cheques - Cheque Dated 30.06.2006 bears the number 371798 whereas second cheque dated 25.07.2006 bears the number 371797 - Accused admitted in the reply notice of issuance of two cheques - Complainant cannot be penalised just because accused put the date 30.06.2006 on the cheque leaf bearing number..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Service of notice - If service is refused or service by absence could not be made effective, service could be deemed sufficient as per law - But in any case 15 days time prescribed by law should always be fulfilled to maintain complaint u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Service of notice - Complaint is maintainable u/s 138 of the Act, only when it is filed after due service of notice as contemplated u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Premature complaint - Complaint filed before expiry of 15 days time prescribed by law - Complaint quashed...........
