Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Former secretary of society committed a mischief and issued number of cheques, which were for considerable amount, to an erstwhile worker (who is complainant) of society during the time of previous officer bearers - Cheques were..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Cheque dishonoured due to insufficient funds - Cheque again presented and again dishonoured - Notice given which was received back unclaimed - Complaint filed within a month - No illegality in notice as well as complaint which..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - By the time appeal reached before Supreme Court, accused deposited entire amount - Accused a victim of tragic circumstances and she never intended not to repay the amount - Sentence of imprisonment substituted by a fine of Rs.25,000/-...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Jurisdiction - Cheque dishonoured at Ahmedabad - Cheque drawn on bank located at Ahmedabad - By agreement between parties, jurisdiction of Courts was engrafted at Ahmedabad - Held, mere presentation of cheque for collection at Mumbai did not confer any jurisdiction to Court at Mumbai - Mumbai Court..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appellant/complainant neither made a full disclosure of all the facts in its complaint nor he produced any document to show that payment of Rs.1,75,000/- by respondent/accused was against some other transaction - Appellant also failed to establish that respondent is under..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Case of complainant that cheque issued by accused in respect of delivery of goods got dishonoured - Defence of accused that cheque in question was issued as security - Letters relied on and produced on record by complainant are sufficient to prove that accused had not issued said..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent as per registered post - Received back with postal endorsement "Door locked, Not claimed, Returned to sender" - Notice is presumed to be served - Held, notice is valid...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant lent money on 19.11.2003 and received cheque on 19.01.2004 - Complainant did not prove that he had sufficient means to lend the loan amount - No loan document executed - Lending money without executing loan document is not acceptable - No evidence whether any interest was received or not..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Filing of complaint - Held, S.142 of the Act does not lay down that complaint must be filed by payee personally - Complaint can be filed by payee himself or by holder-i, due course or holder of power-of-attorney...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Prayer for sending cheque to laboratory - Refusal of - Validity - Petitioner/accused contended that figure "4" has been added in cheque - It has not been disputed that FSL has opined that "4" figure in cheque appears to be similar to that of other writing on cheque -..........
