Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Two essential ingredients to attract the offence u/s 138 of the Act are : (i) cheque ought to have been "drawn" by drawer in favour of payee; (ii) the issuance of cheque must be in total or partial discharge of liability owed by drawer...........
Negotiable Instruments Act, 1881, Section 6 -- Cheque - Signing of cheque need not be by hand alone - After amendment of S.6 of the Act, in year 2002, Act acknowledges that there can be an electronic cheque which can be generated written and signed in a secure system...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures - Dispute as to - Determination of age of signatures and writing on cheque - Court has to afford an opportunity to accused to obtain an expert's opinion as to genuineness or otherwise of all the signatures found therein - However, said ratio will not apply to a case where cheque admittedly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting expert - Cheque dishonoured due to stop payment instructions and not on ground of dissimilarity in signatures - There is no point in sending the cheque for examination to handwriting expert - Application for handwriting expert rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - A person who has merely filled the cheque is not liable u/s 138 of the Act - As far as drawer of cheque is concerned, no notice u/s 138 of Act issued to her demanding payment of cheque amount - Complaint filed prior to lapse of fifteen..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 305 -- Dishonour of cheque - Offence by company - Appointment of a person for the purpose of inquiry or trial - No bail bonds can be taken from the representative and his presence cannot be compelled on each and every date...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Valid service of notice not proved - Notice is one of the ingredients which constitute the offence - High Court erred in terming the same to be technical nature - Accused deserves to be acquitted on this ground alone...........
Negotiable Instruments Act, 1881, Section 138, 139, 141 -- Dishonour of cheque - Company - Cheque returned with endorsement that joint signatures are required - Offence u/s 138 of the Act is still attracted as accused cannot avoid responsibility - Complainant did not know that joint signature are required - As per S.139 of the Act it has to be presumed that cheque was..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit - Complainant is not required to examine himself twice i.e. one after filing complaint and one after summoning of accused - Affidavit and documents filed by complainant alongwith complaint for taking cognizance of offence are to be read in evidence at both the stages i.e. pre..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - After summoning of accused recall and re-examine the complainant not necessary unless Magistrate passes a specific order as to why the complainant is to be recalled - Such an order is to be passed on an application made by accused or u/s 145(2) of the Act suo moto by Court...........
