Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque on ground of stop payment - Order of cognizance and issuance of process challenged in revision on the ground that the cheque was issued only as a security - Held, at the stage of taking cognizance, Court is look into the materials placed before it by the complainant - The Court taking cognizance is not to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sending cheque to handwriting expert for his opinion in respect of age and signature - Defence plea that cheque was issued in 1997 for purpose of security and accused has misused it by filling the same much later - Dismissal of application by trial Court raising a suspicion as to whether accused himself..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque given by way of security - Security itself shows a debt due - The admission and the case that blank cheques were issued itself shows that at the time of issue there was a debt to be repaid...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque given by way of security - Borrower or drawer of cheque to show how the main debt is repaid so that the security could not be enforced by deposit of the cheque - The defence of security devoid of evidence of repayment otherwise than by the dishonoured cheque can never be accepted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Defence plea of previous loan transaction between him and the friend of father of the complainant was false - Defence that the blank cheques were issued by way of security was dishonest - Existence of consideration which was statutorily presumed not disproved - Accused did not tender any evidence..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued by wife of contracting party, who is arrayed as respondent, claiming one lakh against scrap - Receipt showing that respondent was liable to pay only Rs.20, 000/- as payment of Rs.50, 000/- and Rs.30, 000/- has been made as per endorsement on receipt - Held, since part payments are..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting expert - Blanks in the cheque not filled by accused - Huge amount of Rs.6.40 lacs involved - No explanation for giving such huge amount in cash which is against the provisions of Income Tax Act - Trial Court directed to allow the complainant to adduce further evidence that she was possessing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan of Rs.3 lakhs against which three cheques of Rs.1 lakh each issued - Two of the cheques dishonoured - Plea of accused that cheques were given as security for repayment of loan of Rs.1 lakh - Does not appeal to reason - Improbable and not supported by material - Evidence on record clearly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Cheques were not issued by accused either towards repayment or as security for repayment of any debt but were issued as security for performance of his part of contract entered into between himself and complainant under memorandum of understanding i.e., excavation of granite..........
Indian Penal Code, 1860, Section 406, 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Complaint filed as a counter blast to the proceedings initiated u/s 138 of Negotiable Instruments Act - Summoning order u/ss 406/420 IPC - A fabricated letter produced with the plea that entire amount was paid and even on receiving the..........
