Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Pleadings - Specific averments to attract liability u/s 141 has to be made...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Crucial point of time for applicability of S.141 of the Act is the date of dishonour of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In lieu of dishonoured cheque another cheque issued - That cheque also dishonoured - Two complaints - Held, second complaint u/s 138 of the Act is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque presented and dishonoured by Co-operative Society carrying on banking business - Plea that it is not presented to a bank - Co-operative society carrying on banking business is a `Bank' within the meaning of S.3 of Negotiable Instruments Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Presumption of service - To draw presumption of service of notice there should be evidence that address to which the notice was sent is the correct address...........
Negotiable Instruments Act, 1881, Section 138 -- Self drawn cheque endorsed in favour of complainant - Cheque dishonoured - Drawer of cheque is guilty of offence u/s 138 of the Act - Possessor of a self drawn cheque comes within the definition of `Holder in due course'...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Amount claimed in notice double the amount of cheque - However, in complaint cheque amount mentioned - Cheque amount shown in affidavit sworn by him as his evidence in examination-in-chief - Discrepancy of amount in notice does not disentitle the complainant to claim the amount of cheque...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Available when there is legally enforceable debt as on date of issuing of cheque - Accused not supposed to prove his defence beyond all reasonable doubt but is only to prove same as probable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion regarding signatures/handwriting - Issuance of cheque, writing and signatures outrightly denied by accused - To secure the ends of justice, it will be proper to allow examination of cheque by an expert...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Alteration in date - Once a cheque is returned because of material alterations as regards date the same does not come within the purview of prosecution u/s 138 of the Act...........
