Negotiable Instruments Act, 1881, Section 20, 118 -- Recovery suit based on pronote - Defendant admitted signatures on the documents - The defendant pleaded that he put signatures on blank forms which were filled later - Held, burden is on defendant to prove his plea - Bank is not required to prove that defendant put signatures on filled up forms...........
Negotiable Instruments Act, 1881, Section 118, Limitation Act, 1963, Article 113 -- Recovery suit based on pronote - One of the defendants stood surety and executed continuing guarantee - No evidence that the loan account or the cash credit account against which a continuing guarantee was given, became dead - Held, limitation will run when the defendant refused to pay the..........
Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Once execution of pronote is admitted, presumption would arise that it is supported by a consideration - Defendant can prove the non-existence of consideration by raising a probable defence...........
Negotiable Instruments Act, 1881, Section 20 -- Pronote - Omission on the part of executant to put date below his signatures on the document - It will not take away right of holder of document to recover amount from persons who borrowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Endorsement 'reported stolen' - Intention of drawer is clear that he wanted either to stop payment or dishonour the cheque - Dismissal of application to drop proceedings - Order upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment or closing of account - Means there was no money in the account - Held, it is squarely covered by S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reported stolen - Intention of drawer is clear that he wanted either to stop payment or dishonour the cheque...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 205 -- Dishonour of cheque - Summons issued - Subsequent issuance of warrants - Not a reason to insist personal appearance of accused to consider an application for exemption or to plead guilty or not guilty, if Court is satisfied that there is ground to grant exemption...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Accused led evidence to justify his act of stopping payment as paddy in lieu whereof cheque was issued was returned being substandard - Complainant failed to prove by leading any evidence that cheque was issued for discharge of any debt or other liability - Acquittal calls for no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Court has jurisdiction at any one of the local areas within the territorial limits of which any one of the five acts is done viz. (1) Drawing of the cheque; (2) Presentation of the cheque to the bank; (3) Returning the cheque unpaid by the drawee bank; (4) Giving notice in writing to the..........
