Negotiable Instruments Act, 1881, Section 4, Civil Procedure Code, 1908, Order 26, Rule 10 -- Pronote - Age of ink in signature and body of pronote - Plea of signatures obtained on blank paper - Held, it would be just and proper exercise of discretion to send the document to Handwriting Expert for his opinion as regards the age of inks in signature and body of pronote...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - No averment that applicant is partner of the firm or that he was incharge and responsible to the firm at the time of issuance of cheque - Process against applicant quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Absence of complainant - Held, mere absence of complainant by itself is not a ground to acquit the accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82, 83 -- Complainant failed to take steps u/ss 82 & 83 Cr.P.C. - Accused cannot be acquitted - However, complaint can be dismissed u/s 204 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Memorandum of understanding between parties - Complainant thereunder to withdraw complaint - Complainant admitting execution of settlement and receipt of money thereunder - Complainant wanted to prosecute only on ground that he was to..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Earlier writ petition for quashing of complaint heard and decided - Subsequent petition for quashing of complaint on changed circumstances - Does not amount to review of order passed in earlier writ petition...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Civil suit - Pendency of - Not a bar for launching proceedings u/s 138 Negotiable Instruments Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Premature complaint - If cognizance is taken after expiry of 15 days contemplated under Section 138 then premature presentation will not affect the case of the complainant...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 313, 311 -- Dishonour of cheque - Complaint - Adjournment to different dates for payment of dues of complainant - Compromise failed - Petition filed to adjourn the case for further cross examination of complainant - Trial Court ought to have given a chance for cross examination of..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Execution - Proof - Burden rests upon plaintiff to prove promissory note in all respects - Evaluation of possibilities for the defendant to borrow the amount, or his necessities do not have any role to play in this regard...........
