Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Material alteration - Self drawn cheque - Complainant putting his name after striking of the word 'self' without consent of accused - Amounts to material alteration - Cheque is void...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank - Complaint filed by Manager of Bank - In absence of power of attorney or a valid authority or authorisation by the Bank in favour of the Manager who has filed the complaint, the complaint cannot be entertained - Conviction cannot be passed on such a complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Order taking cognizance if not challenged then petition to drop proceedings is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Court can take cognizance merely on the basis of evidence on affidavit...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Repayment of loan - Date or month on which loan advanced not known - Receipt not obtained at the time of advancing loan - Complainant income-tax assessee but loan amount not reflected in income tax returns - Cheque was delivered to complainant through someone and had been issued on a special account..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint presented by Power of Attorney Holder - Validity - As per the nature of authorisation given it is clear that power of attorney holder has been given all powers to do all that which is necessary on behalf of principal - Complaint filed by POA holder is found to be valid...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Insufficient funds - `Accounts closed and transferred to another branch' can also be brought within the expression `insufficient funds'...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Existence of legally enforceable debt - Complainant on basis of documents, agreements and promissory notes clearly proved the existence of debt - Therefore, complaint u/s.138 of the Act is maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint on the basis of dishonour of cheque for the second time - Once cause of action has accrued to the complainant at the time of dishonour of cheque, it is not open to complainant to present the cheque for the second time to bring the matter in limitation - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Complaint - Criminal Court cannot compel complainant to file proof affidavit in lieu of examination-in-chief...........
