Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Account closed' - Such an endorsement is sufficient to attract S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Account closed' - If account is not closed not due to the request of accused, it is for him to establish the said fact - There was no attempt from the side of accused to do so - Offence u/s 138 of the Act stands committed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for default - Complainant remained absent on date of hearing - But he preferred an application for exemption on the said date on account of his sickness and health ground - Held, it cannot be construed that complainant was not diligent..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Examination of signatures - Rejection of application - Return of cheque was not for reason that signatures are different - Held, there was no reason for trial court to have directed the cheque to be sent for examination by Hand Writing Expert - Also cheques in dispute..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Accused had no case that she had issued a blank cheque to complainant and that he had filled up the particulars - She remained satisfied with mere denial of transaction - Held, it is for accused to explain as to how complainant came into possession of cheque drawn on her account..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Cheque issued drawn on a bank at Meerut - Complainant residing at Faridabad where he had his bank account - Cheque was deposited at Faridabad - Held, Court at Faridabad has jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Complaint filed against accused only whereas cheque was drawn on account of his proprietary concern - Held, proprietary concern need not be added as a party in addition to the proprietor thereof...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Amount of Rs.7,50,000/- was involved - Inconsistent versions of complaint about subject transaction and execution of cheques - Non-mentioning of loan in income tax returns of complainant - Non-production of any bank statement - Non-filing of any books or statements of account -..........
Negotiable Instruments Act, 1881, Section 138, 142, Limitation Act, 1963, Section 5 -- - Dishonour of cheque - Complaint - Condonation of delay - Words "sufficient cause" - Interpretation of - Held, words `sufficient cause' in S.5 of Limitation Act should receive a liberal construction so as to advance substantial justice, when delay is not on account of any dilatory..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Condonation of delay of 45 days - Complainant a banking institution - Constituted attorney of complainant tendered her resignation - Held, there is likelihood of delay in completion of necessary formalities for appointment of a new attorney - Since stakes involved were high, complainant..........
