Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Sale agreement - Cheque issued to refund payment of earnest money in eventuality of sale agreement not materialising - No evidence of execution of sale agreement - Eye witness to the sale agreement also not produced - Held, cheque was not issued for discharge of any liability - To establish his..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued to discharge the liability of another person - Cheque dishonoured - Person issuing the cheque is liable u/s 138 of the Act and not the person whose liability was discharged...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - An action in respect of a criminal or a quasi criminal provision has to be strictly construed in keeping with the provisions alleged to have been violated - Proceedings in such matters are in personam and cannot be used to foist an offence on some other person, who under the statue was not liable for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - To attract the provision of S.138 of the Act, a cheque which is dishonoured should have been drawn by a person on an account maintained by him with the banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part of any debt or other..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence by way of affidavit at pre-summoning stage - Same evidence is to be read by Court at post summoning stage and the witness need not be called at post summoning stage unless Court, for reasons, considers it necessary...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 62, 63, 64, 65 -- Dishonour of cheque - Service of summons - Can be effected through registered post/speed post or by courier - Court can declare served in case there is refusal to receive summons - Court can take coercive measures for entering appearance of accused - Service by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Many accused - Some not appearing - The whole purpose of summary trial shall stand defeated if accused who are served are asked to come to Court repeatedly till the other accused are served - Plea of accused to be recorded on the day of his appearance and if that accused gets his plea recorded, he is at..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Procedure of summary trial enable the respondent to lead defence evidence by way of affidavit and documents - An accused who considers that he has a tenable defence and case against him is not maintainable, can enter his plea on the very first day of his appearance and file an affidavit in his..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Court should inform accused that in case he wants to make the payment of the cheque amount, he should either in person or through his counsel or representative should send the cheque amount, either in cash or through draft - Case will thus come to an end...........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Summary trial - Procedures to be followed - (1) On the day complaint is presented, if the complaint is accompanied by affidavit of complainant, Court shall scrutinize the complaint & documents and if commission of offence is made out, take cognizance & direct issuance of summons of accused,..........
