Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - S.138 of the Act makes only signatory to the cheque returned unpaid criminally liable...........
Negotiable Instruments Act, 1881, Section 138 -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complaint - Conviction - Validity - Complainant's case that accused borrowed Rs.40,000/- from him and to discharge that liability he issued cheque in question - Specific case of accused that he borrowed only Rs.20,000/- from complainant and issued a blank signed cheque which was misused by..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Case of accused that he and complainant were jointly doing contract works of Municipality and in connection with that business he issued a signed blank cheque to complainant, which was misused by him - No evidence was adduced by accused to prove his case - Accused admitted..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Admission of signature in a cheque leaf alone - Does not constitute admission of execution of the cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution/drawn - Proof of - Mere production of a cheque or marking the same as an exhibit does not prove that the cheque is 'drawn' by the accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution/drawn - Proof Contents filled by a person other than accused - In such cases, the person who actually wrote in the cheque can be examined to prove that he filled up the cheque, under instruction of accused or at his instance...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution/drawn - Proof - Mere fact that cheque produced in Court came from possession of complainant alone is not sufficient to prove execution, even though it may be one of the circumstances...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution/drawn - Proof - Cheque handed over or delivered to complainant and cheque drawn by accused - Both are independent facts - Merely to say that cheque was handed over by accused is not proof of execution/drawn of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Drawn' - There must be a pleading and proof that cheque was drawn or executed by accused - Mere fact that cheque is produced in Court by complainant is not sufficient to prove execution, even though it may be one of the circumstances - In the absence of proof of fact of drawing, an accused cannot be..........
