Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Issued in the name of a different person altogether - Defective demand notice renders entire proceedings suffering from incurable illegality - Proceedings quashed. (Pars 8 & 9)..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Condition to deposit 20% of compensation amount - Appellate Court in normal circumstances may be justified in imposing condition of deposit as provided u/s 148 of the Act and only in those cases where imposing the condition of deposit is unjust or which may deprive accused to pursue his appeal, an..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of five cheques - Presumption - Execution of agreement to transfer shop between complainant and accused - Said transaction was acted upon and its benefits were received by accused - Accused intentionally issued cheques in favour of complainant for legally enforceable liability as per an agreement which are..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When amount is borrowed giving a blank cheque as security for repayment, on default of repayment, holder of cheque gets authority to fill it up and to present it before bank...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Physical presence of payee is not necessary for presenting cheque before bank of payee for encashment through his account...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused handed over cheque to PW1/brother of complainant, as complainant was working abroad - Being the brother of complainant, PW1 presented/deposited cheque before bank of complainant - Power of attorney executed later by complainant in favour of PW1, for filing complaint has nothing to do with..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused admitted that he borrowed Rs.2 lakhs from complainant and issued cheque - However, no date was put in the cheque - Accused has no case that he ever repaid that amount - When there was default from part of accused, to repay that amount, complainant had every authority to fill up the date and to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Accused himself admitted his liability of Rs.2 lakh which he had borrowed from complainant in the year 2004 - He has no case that he repaid that amount to complainant after receipt of lawyer's notice - Accused got an acquittal on mere technicalities - However, in appeal, though..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence, during pendency of appeal, with condition to deposit 20% of compensation amount - When an application is filed by appellant u/s 389 Cr.P.C. for suspension of sentence, it is presumed that he is seeking suspension without any..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence, during pendency of appeal, with condition to deposit 20% of compensation amount - Petitioner is a woman suffering from ill-health since the onset of COVID-19 pandemic and is unable to procure 20% of cheque amount which is..........
