Negotiable Instruments Act, 1881, Section 138, 142, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Delay in filing complaint - Condonation - Vigilance inquiry was going on regarding transaction in which accused was involved - Very high officers were under scrutiny of vigilance department - Considering red tapism and vigilance enquiry resulting in delay, delay in..........
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 issued towards time barred debt - No acknowledgment within time - Not a legally enforceable debt - No offence u/s 138 of the Act - Acquittal of accused upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Complainant operating his business at place `P' - Cheque drawn on a Bank at place `T' - Cheque deposited at place `P' - Notice demanding accused to make payment issued from place `P' - Held, Court at place `P' has jurisdiction to entertain the compliant - Fact that business transaction..........
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, Evidence Act, 1872, Section 21 -- Dishonour of cheque - Cheques allegedly issued by accused on various dates covering various amounts and the same incorporated in written agreement - Cheque dishonored - Accused alleged that the cheques were issued in anticipation of receiving money as loan, which was never received - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Non mention of 15 days period within which the amount was payable - Notice is not defective - Provision of S.138 of the Act only stipulates that accused becomes liable for prosecution if he does not pay the amount within fifteen days from the date of receipt of notice - It does not speak of..........
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, 118(a), 139 -- Dishonour of cheque - Examination of cheque by an expert - Plea that date and figures are not in the hand of accused and that amount is filled according to choice of complainant - Trial Court rejected application on ground that there is admission with regard to signatures on the cheque - Held, when accused..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - `Closed account' - Two cases filed - One u/s 138 NI Act and the other u/s 420 IPC - Accused convicted in both the cases - Sentence will run concurrently...........
