Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused issued cheque to complainant in discharge of a legally enforceable debt - Cheque issued by accused was dishonoured due to insufficient funds in the account of accused - In spite of service of notice, accused failed to pay the amount covered by cheque - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Bank's slip is a prima facie evidence to presume dishonour of cheque as per S.146 of the Act - However, in order to apply S.146 of the Act, bank's slip should have to mention the number and date of cheque and also cheque amount with respect to cheque dishonoured to enter into a finding that cheque..........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Intimation memo and dishonour memo do not contain number of cheque - Therefore, trial Court ought to have granted an opportunity to complainant to examine Bank Manger with relevant document to prove this aspect - Order of acquittal set aside - Matter remitted for fresh disposal after providing an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Additional claims - Presence of additional claims in the demand notice would not negate its validity, provided cheque amount is specified...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Additional claims - If in a notice while giving breakup of claim, cheque amount, interest, damage etc., are separately specified, notice will not be bad - However, if, in the notice, an omnibus demand is made, without specifying what was due under the dishonoured cheque, notice would be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Notice should be for cheque amount - If no such demand is made, notice would fall short of its legal requirement...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant admitted that he was earning Rs.2/2.50 lakhs per year and had extended loan of Rs.4 lakhs to accused - However, complainant admitted that no pronote or writing was effected at the time of such hefty loan extended by him to accused - Complainant failed to disclose as to how he came in..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- Dishonour of cheque - Sending cheque to FSL - Case in question remained pending before trial Court for a period of about 5 years and appeal is also pending for more than one year - No efforts were made by petitioner to lead such an evidence during this period - When..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Not necessary to mandatorily incorporate in the complaint as to specific role attributed to the persons who are mere directors or employees of the company...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - No obligation on complainant to plead in the complaint as to matters within special knowledge of Company or directors or firm about specific role attributed to them in Company...........
