Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued against loan - Loan denied - No proof of lending money - Even month or year of loan not disclosed - Held, when complainant does not place on record any material of lending money then it is sufficient to infer that accused is able to rebut the presumption available in favour of the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Limitation - To file complaint limitation starts to run from the expiry of 15 days from the date of receipt of notice and not from the date of service of notice - Order counting one month from date of service of notice and thereby holding that complaint was barred by limitation, held, not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption of personal appearance of accused - Complaint u/s 138 of NI Act can be disposed of mostly on the basis of documents and other evidence - In such a case presence of accused on all dates is not necessary and Court should only insist on presence of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Quashing of - Prima facie ingredients of offence u/s 138 of the Act satisfied - Plea that amount was disputed and that by practising fraud and dishonesty complainant presented the cheque to be proved during trial - Order taking cognizance suffers no infirmity or illegality - Court in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Returned with endorsement `there was no such addressee' - Address mentioned on postal cover not disputed - Summons served at the same address - Accused did not chose to enter into the witness box - When questioned u/s 313 Cr.P.C. accused did not say that notice was not served as per law or..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Stand of petitioners that they have no privity of contract with complainant company - On consideration of complaint extent of involvement of petitioner not gathered - Petitioners practically had no role to play and they were implicated with intention to put more pressure upon actual..........
Negotiable Instruments Act, 1881, Section 138, 142(a) -- Dishonour of cheque - Company - Complaint by one of its Directors - Complaint filed by Director without authorisation from Board of Directors - Held, on such a complaint no process can be issued much less a conviction imposed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of account - Account was closed even on date of issue of cheque - Account was closed not by accused but by Bank in accordance with rules governing current account - Held, accused is not liable when he had no notice of closure of account...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signature on cheque denied - No steps taken to prove that the said signature is that of the accused - Complaint is liable to be dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Insufficiency of funds - Cheque of amount Rs.1 lac was presented by complainant - However, amount balance to be repaid was only Rs. 25000/- - Writing of signature of accused and that of remaining contents of cheque were found to be different - Accused acquitted...........
