Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Disclosure of date of service of notice in complaint - It is not the requirement of law that date of service of statutory notice is to be disclosed in complaint at the stage of summoning - Where complaint alleges that registered notice was issued, presumption of due service can be made - Requirement of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Complaint filed before expiry of 15 days from the date of receipt of notice - Complaint is pre mature and is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of four cheques - Single complaint - Four cheques in a seratum, were presented in a single account of complainant - All cheques were dishonoured for want of funds followed by combined registered statutory notice - Single complaint is maintainable as all the cheques formed part of same transaction...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Cheques issued for return of purchase price of a plot - Plea that cheques were issued as advance payments and not in respect of legally enforceable debt - Plea rejected - At the stage of summoning accused, there is statutory presumption u/s 139 of Act..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Complaint is maintainable at the place where branch of bank of payee/complainant is located and where cheques were delivered for collection...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act - Jurisdiction - After issuance of Ordinance, 2015, offence u/s 138 of the Act, shall be inquired into and tried only by Court within whose local jurisdiction cheque is delivered for collection through account or branch of bank where payee or holder in due course maintains..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Appeal against acquittal - Dismissal of complaint u/s 138 of the Act - There is nothing on record to show that complainant has advanced amount in question to respondent/accused - Even, no date, month or year is mentioned that when respondent borrowed money - Neither any receipt nor any..........
Evidence Act, 1872, Section 138, 146 -- Cross-examination of complainant - Relevancy of question - Defence counsel refused to explain relevancy of question with the charge framed against accused - Held, defence counsel permitted to put question and relevancy of same may be testified at the time when Court appreciates the entire evidence on record while determining the..........
Evidence Act, 1872, Section 138 -- Cross-examination - `Relevant facts' in cross-examination must necessarily have a wider meaning then the term when applied to examination-in-chief...........
Evidence Act, 1872, Section 138, 146, 148 -- Cross-examination - Irrelevant questions - Court has a discretion to decide whether witness has to be compelled to answer such questions or not - Decision of Court must reach either of these two results - Parameter to exercise said discretion is enumerated in S.148 of the Act...........
