Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque theory - `Drawn' - Has to be understood as execution - Putting signature on the blank cheque is not equivalent to the word `drawn' - Word `Drawn' in the provision has to be understood as `execution' of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption - Execution and issue of cheque has to be proved to draw the presumption - When execution itself is not proved, presumption u/s 139 of the Act is not available - Admission of signatures on cheque goes a long way to prove due execution - Possession of cheque by the complainant similarly goes..........
Negotiable Instruments Act, 1881, Section 139, 138 -- Dishonour of cheque - Court is not bound to adjudicate on the liability under the cheque in dispute - However, when execution of cheque itself is disputed and not proved, Court has to consider original transaction for arriving at a safe conclusion...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent through courier - Notice received back with endorsement of `Refusal' - There is presumption of service...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction in sentence - Cheque amount of Rs.21 lakhs - Accused convicted and sentenced to 2 years RI and to pay compensation of Rs.42 lakhs - Accused 77 years old and having health problem - Compensation reduced to Rs.21 lakhs and sentence reduced till rising of Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Notice sent under certificate of posting at correct address - Notice not received back - There is presumption of service of notice...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - `Legally enforceable debt' - Lack of pleading - There is no requirement that the complainant must specifically allege in the complaint that there was a subsisting liability - The burden of proving that there was no existing debt or liability is on the accused which they have to discharge in the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Debtor should seek the creditor and pay the debt to him at the place where he resides - Cheques payable at place `P' where complainant permanently resides - Held, it is the Court at place `P' which has jurisdiction to try the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issue of process - If complainant makes prima facie averments in complaint such as : (a) Drawing of a cheque in favour of the complainant and the cheque having been signed with a specific amount; (b) Dishonour of cheque and intimation thereto by the concerned bank in writing; (c) Issuance of demand..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Existence of debt or any other liability, loss of cheque and complaint to the bank and police station and denying the liability of the cheque amount - All these issues can only be decided after parties adduce evidence - No case made..........
