Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Money lender - Loan advanced by a money lender doing business of money lending without licence - Cheque issued not for liability enforceable in law - S.138 of the Act not applicable to such transaction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Complainant operating his business at place `P' - Cheque drawn on a Bank at place `T' - Cheque deposited at place `P' - Notice demanding accused to make payment issued from place `P' - Held, Court at place `P' has jurisdiction to entertain the compliant - Fact that business transaction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque given by way of security - Security itself shows a debt due - The admission and the case that blank cheques were issued itself shows that at the time of issue there was a debt to be repaid...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque given by way of security - Borrower or drawer of cheque to show how the main debt is repaid so that the security could not be enforced by deposit of the cheque - The defence of security devoid of evidence of repayment otherwise than by the dishonoured cheque can never be accepted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Defence plea of previous loan transaction between him and the friend of father of the complainant was false - Defence that the blank cheques were issued by way of security was dishonest - Existence of consideration which was statutorily presumed not disproved - Accused did not tender any evidence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Two partners - One partner signed the cheque on behalf of the firm and the cheque was issued in his own name - Cheque dishonoured - Complaint against other partner - Held, complainant is co-drawer meaning thereby that he is the co-drawer as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Service of notice - Though a registered notice as contemplated u/s.138 of N.I. Act was issued same was not served upon petitioner and returned with an endorsement that he was absent for 6 to 7 days - It is also not case of complainant that petitioner is intentionally avoiding to..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 21 -- Dishonour of cheque - Cheques allegedly issued by accused on various dates covering various amounts and the same incorporated in written agreement - Cheque dishonored - Accused alleged that the cheques were issued in anticipation of receiving money as loan, which was never received - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Non mention of 15 days period within which the amount was payable - Notice is not defective - Provision of S.138 of the Act only stipulates that accused becomes liable for prosecution if he does not pay the amount within fifteen days from the date of receipt of notice - It does not speak of..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 263, 326 -- Dishonour of cheque - U/s 143 of the Negotiable Instruments Act the word used `may' leaves option open for Magistrate to chose whether case is to be tried summarily or as a summons case - However, such option is not open for matter under the Indian Penal Code which are..........
