Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of interest and expenses of notice besides cheque amount - All these items demanded separately - Held, notice is valid if it contains a break of claim i.e. cheque amount, interest, damages etc...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Accused in his statement u/s 313 Cr.P.C. admitted that he had dealing with the complainant and issued cheque which could be encashed by the accused - Held, there is presumption with regard to the act that it was against legally enforceable liability...........
Negotiable Instruments Act, 1881, Section 138, 138 -- Dishonour of cheque - Legally enforceable debt - Presumption - Signatures and execution of cheque admitted - Presumption available does not stand rebutted by merely saying that cheque was neither given for business transaction nor for a liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Postal receipt issued on the proforma meant for telephone bill - Postal receipt revealing that it was issued with regard to registered post letter and not for telephone bill...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Alteration in postal receipt - Figure `97' having darker ink than other figures - It does not appear to be alteration rather it is natural one...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint dismissed for default - Complainant remained absent on numerous occasions - Complainant seeking adjournments on one ground or the other without leading evidence - On the day of dismissal of complaint, complainant sought exemption from appearance but disallowed and complaint dismissed - Held,..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - There is presumption that cheque is issued for discharge of a debt or liability - However, there is no presumption of legally recoverable debt - Accused can rebut this presumption by probable defense - After rebutting this presumption, onus shifts on the shoulder of the complainant to prove..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Two notices sent to accused but returned due to non availability of accused - Third notice duly served on accused - Held, limitation for filing complaint would start from the date of service of third notice...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Banking service - Cheque encashment - Respondent - complainant engaged in export business and to that purpose hired the services of the Bank, towards encashment of one cheque paid in U.S. Dollars - There was no evidence that the proceed of such cheque, on being cleared on foreign shores would..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Banking service - Cheque encashment - Cheque provisionally credited turned out to be a forged and overwritten one - The Forum as per the provisions of the CP Act has no jurisdiction to adjudicate matters involving prime facie forgery/mutilation/overwriting in financial instruments and that..........
