Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Drawn' is also referred as `execution' as a legal synonym - Absence of word `execution' in the provision is of no consequence - It is not an excuse not to prove execution/drawing in a prosecution under S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Drawn' - A person can be said to have `drawn' a cheque, if he has made, prepared or created a `cheque' - A cheque consists of mainly, two parts - One is, an unconditional order in writing directing the banker to pay a certain sum of money only, or to the order of, a certain person or to the bearer of..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 67 -- Dishonour of cheque - Drawn - Proof - It is primarily proved by examining the person who executed or created the document by writing and signing in the same - When such examination is not possible, execution can be proved by examining a person who saw the document being written and signed - In..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque filled up by some other person - 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 - When such evidence is not available prosecution can establish execution/drawing by placing..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 105, 105 -- Dishonour of cheque - Execution of non bailable warrants against a person living in United States - All steps taken to procure presence of accused failed - Procedure resorted to u/ss 82 & 83 Cr.P.C. and non bailable warrants issued - Accused living in United States - Execution..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Signing of a blank cheque does not amount to due execution - Due execution means to give a cheque in its complete form - In case of issuance of blank cheque there can be presumption of authorisaton in favour of the person in whose favour it was issued to fill up the same to his..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complainant neither disclosed that demand notice was sent within 30 days of bouncing of cheque nor it has been disclosed that complaint was filed within 30 days of receipt of demand notice - Held, complainant could not comply..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in filing complaint - Condonation - While considering application for condonation of delay, it is always desirable to take a liberal and not a rigid or too technical view and Court has to keep in mind that discretion in the case has to be exercised to advance substantial justice...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay of 28 days in filing complaint - Condonation - Complainant being the only son of his father could not file the complaint in time as his father had suffered a fracture - Complainant is not required to explain delay of each and every day - It is sufficient if sufficient cause for delay is given..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint can be filed by power of attorney holder...........
