Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acknowledgement regarding existence of debt on stamp paper - Said writing not bearing signatures of complainant - Said writing is not in the nature of bi partite agreement to be signed by the parties thereto - It is a writing in the nature of acknowledgement by accused about existence of a debt; about..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in filing complaint - Filing of an application u/s 5 Limitation Act instead of filing an application u/s 142 of the Act - Complaint cannot be dismissed as barred by limitation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of cheque amount alongwith additional demand - If in the notice, claim/demand of cheque amount as well as other amount for interest, etc. have been made specifying the same separately, the same will not invalidate the notice - Held, notice cannot be said to be invalid notice...........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - Sent by registered post correctly addressing to the drawer of cheque - Service of notice is deemed to have been effected - Drawer is at liberty to rebut the presumption...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Nothing to indicate that there was insufficiency of funds - If cheque is dishonoured for `stop payment' even then offence punishable u/s 138 of the Act gets attracted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Six cheques - One complaint - Cheques given in relation to the same transaction - S.219 Cr.P.C. not an impediment to the summoning of accused persons...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Prosecution based on a second or successive default in payment - Prosecution on the basis of first default followed by statutory notice not launched - Prosecution based on second or successive default not impermissible...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Petitioner No.3 continues to be a director of the company - It cannot be held that there is an unimpeachable evidence or acceptable circumstances which lead to conclusion that petitioner No.3 could not have been in charge or responsible for conduct of business at the relevant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Cheque issued under and in pursuance of agreement to sell - An agreement to sell does not create any interest in immoveable property, it nonetheless constitutes a legally enforceable contract between the parties to it - Payment made in pursuance of such an agreement is a..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan of Rs.10,00,000/- - Source of income - Non-filing of income tax return - Non filing of Income Tax Return by itself does not mean that complainant had no source of income - No adverse inference can be drawn in this regard only because of absence of Income Tax Return...........
