Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant failed to prove that he had so much money advanced to accused - It was complainant who introduced accused while opening his account with bank from which cheque in question was issued - Plea of accused that at the time of opening of account, cheque book was retained by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - A demand for payment of amount of cheque by giving a notice in writing is sine qua non for filing a complaint for offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138(b) - - Dishonour of cheque - Demand notice - Statue does not provide that number of cheque shall be mentioned in the notice - What is required is a demand by giving a notice in writing to drawer of cheque for payment of amount covered by cheque...........
Negotiable Instruments Act, 1881, Section 138(b) - - Dishonour of cheque - Demand notice - Mistake in notice in mentioning number of cheque does not make the notice defective or invalid...........
Negotiable Instruments Act, 1881, Section 138(b) - - Dishonour of cheque - Demand notice - No form of notice is prescribed u/s 138(b) Proviso of the Act...........
Negotiable Instruments Act, 1881, Section 138(b) - - Dishonour of cheque - Demand notice - Requirement of giving notice to drawer of cheque is to enable him to avoid a prosecution u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138(b) - - Dishonour of cheque - Demand notice - There was only one transaction of sale of property of complainant and his wife to children of petitioner - Fact that four sale deeds are executed on two dates does not mean that there was several transactions between them - Notice sent by complainant to accused contains all relevant..........
Evidence Act, 1872, Section 138 -- Cross-examination of defendant by co-defendant - Permissible when there is conflict of interest and defendant has deposed against interest of co-defendant...........
Evidence Act, 1872, Section 138 -- Cross-examination - Plaintiff and defendant nos.4 to 7 are claiming their rights indirectly against other defendants/petitioners - Main relief of plaintiff is for cancellation of sale deed - Position of defendant nos. 4 to 7 become as co-plaintiffs as they are seeking decree of partition vide counter claim against plaintiff and plaintiff..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Amicable settlement during pendency of appeal filed against order of conviction - Court can allow compounding of offence even when accused is convicted by Courts below - Offence allowed to be compounded - Accused acquitted...........
