Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney of a company/firm - Complainant produced statements of accounts which shows that outstanding amount due from accused to complainant tallies with amounts covered by cheques - Complainant has discharged its initial onus of proof by satisfying the concomitants constituting..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Non-grant of interim relief at the ad-interim stage when plaint is taken up for registration/admission and examination will not justify dismissal of commercial suit U.O.7.R.11 CPC, as at times interim relief is granted after issuance of notice...........
General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Notice - Returned as unclaimed - When notice is returned as unclaimed, it shall be deemed to be served and it is proper service...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Date of receipt of notice is very important but it is not necessary that any particular date as regard receipt of demand notice should mandatorily be mentioned in the complaint itself - Day of receipt of demand notice can very well be inferred from documents/evidence on record...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of demand notice - Even if track consignment report is not filed, Court may presume service of notice in ordinary course of business, if it is shown that same was sent by registered post on correct address...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Date of receipt of notice is very much important but it is not necessary that any particular date as regard receipt of demand notice should mandatorily be mentioned in the complaint itself - In case dates are not revealed in the complaint, same can be inferred from paper on record...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Signature on cheque not disputed by accused - Accused neither replied to demand notice nor he led any rebuttal evidence in support of his case - However, theory of blank cheque being misused has been suggested to complainant during cross-examination which was denied by..........
Criminal Procedure Code, 1973, Section 216, 374, 386 -- Appeal against conviction - Alteration/addition of charge in the absence of advocate of accused - Grave prejudice has been caused to appellant by altering charge without giving notice to accused or his advocate about alteration of charge...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Notice was sent to accused in accordance with provisions of the Act - Telegram was also sent to accused and in response he requested to present the cheques again for repayment - By making such request it reveals that no letter to stop payment had been moved by accused to Bank as alleged..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Once petitioner has brought on record unimpeachable evidence in the shape of documents that he has resigned from directorship before issuance of cheque, merely because he did not reply to legal notice denying her directorship, no adverse inference can be drawn against..........
