Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Examination of signatures on cheque by handwriting expert - Petitioner herself admitted in notice that cheques were sent on behalf of her - Moreover, cheques were not returned by bank on the ground of dissimilarities in signatures but returned on account of insufficient..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan admitted - Plea of return of loan - Receipt acknowledging repayment of loan not taken - Cheques not taken back - Plea that parties have cordial relations and both of them are living in the same house - Plea not accepted - Complainant did not extend loan to accused without taking cheques from him as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Advancing loan of Rs.10.40 lakhs on different dates - Neither in the complaints nor in her depositions complainant gave details of loan, such as exact amount of each loan, the date on which it was paid and rate of interest agreed to be paid - No valid explanation for not giving all such details -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of five cheques - Five cheques - Single complaint - Since all the cheques were dishonoured on the same day and a single notice was issued demanding petitioners to repay the due amount and a single reply was given, thus single complaint held maintainable against dishonour..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Holder in due course - Even if cheques were issued by petitioners in its own name but was in possession of complainant who was entitled to receive or recover the amount due thereon, unless the contrary is proved by petitioner, complainant being the holder of negotiable instruments shall be presumed to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Business dealing held at Mumbai - Products supplied from Mumbai to New Delhi - Cheques handed over at Mumbai - Cheques dishonoured by bankers of respondents at New Delhi - Legal notice issued from Mumbai - Thus, at least one act out of five ingredients of S.138 of the Act having been..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of summons - Plea that cheques were given as security and not in discharge of any legal liability - Held, since defence of petitioners was not before Court at the time of issuing of summons as such Court had no occasion to look into same..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Complaint - Maintainability - Complainant issued one notice of dishonour in respect of four dishonoured cheques issued by petitioner - Held, as cause of action for filing complaint for dishonour of cheque is service of notice u/s 138 of NI Act and not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of multiple cheques - Single complaint - Maintainability - Held, in case of dishonour of multiple cheques presented together for which a consolidated single notice has been issued, tantamounts to commission of a single offence u/s.138 of the Act after prescribed period of receipt of notice on no, payment of amount..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheques drawn on a bank at Mandi Gobind Nagar (Punjab) - Cheques deposited by drawee in their account with bank at New Delhi - Cheque dishonoured - Notice of demand issued from Delhi - Held, Court at Delhi has jurisdiction to entertain complaint...........
