Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendment of year of cheque - Year of cheque wrongly mentioned in notice, complaint and in evidence recorded - In a complaint of dishonour of cheque date is a relevant aspect based on which entire aspect relating to issue of notice within time frame as provided in the Act and..........
Negotiable Instruments Act, 1881, Section 138, 139, 118A -- Dishonour of cheque - Appeal against acquittal - Cheque in question was not issued in the name of complainant - Complainant has failed to establish the ingredients of S.138 of the Act by discharging his initial burden to prove the existence of legally recoverable debt or liability - Provisions of Ss.118-A, 139 of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Wrong mentioning of date of presentation of cheque and date of dishonour of cheque - Inadvertent typographical error/mistake - However, documents annexed with complaint clearly depict correct dates of respective events - Application allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Wrong mentioning of date of presentation of cheque and date of dishonour of cheque - Inadvertent typographical error/mistake - However, documents annexed with complaint clearly depict correct dates of respective events - Application allowed...........
Negotiable Instruments Act, 1881, Section 138, Tamil Nadu Suspension of Sentence Rules, 1982, Rule 2(4) -- Dishonour of cheque - Sentence - Application seeking ordinary leave to accused for 21 days without escort to attend the marriage of his son - However, accused completed the substantive sentence period and he is undergoing the default sentence - As per R.2(4) of Tamil..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 61, 64 -- Dishonour of cheque - Additional evidence at appellate stage - Certified copy issued by private bank - Not per se admissible - Same is required to be proved by way of evidence - Since there is no prayer to prove the document so the request to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 61, 64 -- Dishonour of cheque - Additional evidence at appellate stage - Certified copy issued by private bank - Not per se admissible - Same is required to be proved by way of evidence - Since there is no prayer to prove the document so the request to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant could not appear due to lack of knowledge about transfer of case - Stage of case was for securing appearance of accused - Magistrate was not justified in straight away dismissing the complainant and ordering..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of proceedings - Cheques which were dishonoured are issued on Bank at Pune - Agreement executed between parties at Pune and accused residing at Pune - Cause of action has arisen at Pune - Only in order to harass accused complaints have been filed at Calcutta by manipulating the jurisdiction -..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to condition to deposit 20% amount of compensation - No reason is given by appellate Court while imposing condition - Impugned order to the extent of imposing condition set aside - Appellate Court directed to re-consider the same after giving..........
