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...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence during pendency of appeal filed against order of conviction - To prove statement of accounts and books of account - Income tax return sought to be produced in additional evidence could have been proved during trial by summoning record from..........
Negotiable Instruments Act, 1881, Section 138, 143A, 148 -- Dishonour of cheque - Interim compensation - Extension of time to pay - In facts of each case, period of depositing the amount can always be extended as the purpose in making amendment is essentially to grant relief to the aggrieved party by immediate compensation of payment of 20% of the total value of cheque -..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Applicability of S.143-A of the Act - Complaint lodged by complainant on in year 2017 and provision of S.143-A of the Act came into force in year 2018 therefore, act constituting offence had occurred prior to introduction of S.143A of the Act - Thus, provision of S.143-A of..........
