Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - A drawer whose defence denying liability for payment of cheque amount having been found by Court on evidence to be either not proved or improbable, has ordinarily no right to contend that demand notice returned as unclaimed was not sent in his correct address and thus, resist presumption of..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - Where accused denies liability for payment of cheque amount and contests charge u/s 138 of the Act, he may not be justified in seeking rejection of complaint on mere showing demand notice was not dispatched in correct postal address since he is least affected or prejudiced by alleged denial..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Accused did not disputed his signature in cheque except that it was issued as blank to one person - However, defence case was not probabilised in any convincing manner - Even no rebuttal evidence was adduced by accused - Complainant proved that cheque was issued in discharge of a legally enforceable..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Material available on record make out a prima facie case against accused at this stage - There appear to be sufficient ground for proceeding against accused - Pure questions of fact arises in the application which may be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Adjudication of cases - Considering that misuse of cheques causing frivolous litigation and large number of such cases pending before Courts - Supreme Courts has issued direction to RBI to create new proforma that will include `purpose of payment' alongwith other information - Supreme Court also..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of security cheque which was alleged to be misused - No plea that cheque was blank cheque, undated or without indicating any figure - Stand of accused contradictory and seemingly not plausible about the issuance of cheque - Presumption u/s 139 of the Act not rebutted - Accused convicted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Bail during pendency of appeal against conviction - Direction to deposit 20% of compensation amount - Accused does not have any source of income, as her financial condition is very weak - Husband of accused died, who was sole earning member of family - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant failed to establish essential ingredients of S.138 of the Act - No offence by accused is shown to be committed - Accused rightly acquitted - Appeal dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Undelivered returned notice - Address mentioned in the envelope same on which service of accused had been effected - Refusal taken to be due service...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in discharge of financial liability - However, cheque was returned uncashed on account of insufficient funds in account of accused - Accused failed to make payment of cheque amount within 15 days from receipt of notice - Necessary ingredients of S.138 of the Act stood established - Accused..........
