Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Cheque was issued to complainant bearing stamp of company which got dishonoured - Held, at this stage presumption of dishonour of cheques for insufficiency of funds u/s.118 and 139 of the NI Act would have to be drawn against accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Amount involved in dishonoured cheque was Rs.9,00,000/- - Trial Court imposed a fine of Rs.100/- on first accused and directed second accused to pay compensation of Rs.1,00,000/- to complainant - Held, since complainant has established his case against second accused, therefore,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Propriety - Allegation that cheque issued by accused/respondent towards repayment of loan dishonoured - Failure of complainant/appellant to produce income tax returns containing loan transaction - Held, as per settled position of law, when income tax assessee fails to produce income tax..........
Indian Penal Code, 1860, Section 417, 420 -- Dishonour of cheque - Cheating - Proof - Complainant stated that accused cheated him by not making payment of money within time - There is no iota of evidence adduced by complainant that on date of issuance of dishonoured cheques accused knew the fact that in her account there was no such amount available and still she..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Location of collecting bank - Territorial jurisdiction - Held, collecting bank has no status other than that of an agent - It is not collecting bank that refuses payment or where cheque is dishonoured - Jurisdiction, therefore, cannot be decided on basis of location of collecting bank - Once..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401, 482 -- Dishonour of cheque - Conviction - Validity - Cheque in question was issued by petitioner and it was dishonoured on account of "insufficient funds" - Legal notice of demand was received from complainant and neither replied same nor made payment of cheque amount - Neither..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signatures by an expert - Cheque dishonoured for want of insufficient funds and not on the ground of signature not tallying - Order dismissing application, upheld...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Complainant's case that cheque issued by accused to repay advance of Rs.10 lacs given to him by complainant got dishonoured - Accused challenged the fact that complainant had advanced Rs.10 lacs to him - Accused was able to bring on record fact that there was no documentary..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cause of action arises only when legal notice is given calling upon drawer to make payment on account of dishonoured cheque and payment of dishonoured cheque is not made - - In the instant case cheque was earlier dishonoured but no legal notice was given as such there was no accrual of cause of action...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Agreement of sale executed between petitioner and respondent No.3 - Petitioner had issued cheques to respondent No.3 and impugned cheque for an amount of Rs.14,400/- was dishonoured on presentation before bankers on the ground of..........
