Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued by wife of contracting party, who is arrayed as respondent, claiming one lakh against scrap - Receipt showing that respondent was liable to pay only Rs.20, 000/- as payment of Rs.50, 000/- and Rs.30, 000/- has been made as per endorsement on receipt - Held, since part payments are..........
Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Examination of cheque by an expert - Plea that date and figures are not in the hand of accused and that amount is filled according to choice of complainant - Trial Court rejected application on ground that there is admission with regard to signatures on the cheque - Held, when accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion to ascertain age of writing - So long as there is no material to conclude that the petition to forward the cheque for expert opinion is with mala fides or to protract the lis, it should be allowed - Dismissal of application amount to denial of fair trial - Request for forwarding cheque..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Offence can be compounded even during pendency of appeal - Petitioner permitted to compound the offence - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Body of cheque need not to be written by the signatory to the cheque - A cheque could be filled up by anybody if it is signed by the account holder of the cheque...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - `Closed account' - Two cases filed - One u/s 138 NI Act and the other u/s 420 IPC - Accused convicted in both the cases - Sentence will run concurrently...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent by registered post at correct address received back with postal endorsement `unclaimed' - Notice will be presumed to have been served ...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - There is presumption that accused issued cheque in discharge of debt or liability - This presumption is a rebuttable presumption...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred debt - Issuance of cheque towards time barred debt is not a legally enforceable debt within the meaning of S.138 of the Act - Complaint and all proceedings emanating therefrom quashed...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 21 -- Dishonour of cheque - Company - Complaint against director of company - Annual return produced showing details of share-holding of petitioner as director of company - Other share-holders having only nominal shares - Quashing of complaint sought on basis of annual returns to show that..........
