Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Determination of age of ink used - Application for - Allegation of misuse of signed blank cheques - Application filed about 8 year of issuance of cheques in question for determination of age of signature and writings on the cheques - Disputed cheque admittedly signed by petitioner - Held, age of ink..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Part payment made - Payee presented the cheque for encashment of whole of the amount - Payee could make an endorsement on the cheque acknowledging the part payment received by him and then presenting the cheque for encashment of only the balance amount due and payable to him - S.56 of the Negotiable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of Interest, compensation, incidental expenses etc. - Held, If the payee of the cheque makes some demands on account of interest, compensation, incidental expenses etc. that would not invalidate the notice so long as the principal amount demanded by the payee of the cheque is correct and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Question of sending cheque to FSL for comparison of signatures arises only when accused comes forward with the specific plea that the said cheque was not signed by her...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of signatures on cheque by FSL - Cheque can be sent for comparison of signatures only when there is a specific plea that the said cheque was not signed by her - In reply to the notice accused stated that the said cheque was not issued by her and it was not stated that it was not signed by her..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Two views - Held, in a case, when two views are possible, one which favours the accused, has to be adopted by Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan of Rs.50, 000/- - Denied by accused - Complainant having no financial capacity to lend the loan amount - Except cheque no other documentary proof - S.269-SS of Income Tax Act, 1961 insists that all transactions involving Rs.20, 000/- and above, should be through `account payee cheques' and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Money lender - Claim by money lender against borrower without a valid and operative money lending license covering period of transaction is unenforceable claim u/s 138 of the Act - Complaint is bound to be dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Only legally enforceable debt or liability can be enforced in the proceedings u/s 138 of the Act, as the explanation to the penal provision is abundantly clear that the dishonoured cheque must have been received by the complainant against a legally enforceable debt or liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused has to be specific as to why the cheque was issued - If it was issued for the purpose of security or any other purpose and not to discharge any debt or liability then only Court may be justified to hold that cheque issued did not come within the purview of S.138 of..........
