Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by a person to discharge liability of another person - Cheque dishonoured - Person who issued cheque is liable u/s 138 of the Act - Absence of averment that cheque issued by accused was towards the discharge of liability of another person - Complaint dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption has to be drawn that cheque was drawn for consideration and that it was executed for discharge of debt or liability once its execution is proved or admitted - Presumption will live, exist and survive and shall end only when the contrary is proved that cheque was not issued for..........
Insurance claim -- Premium paid by cheque - Cheque stood dishonoured - The insured cannot claim performance from the insurer in such a situation - Order of the State Commission allowing the claim liable to be set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Principle that the debtor must seek the creditor - Not applicable in a criminal case - Jurisdiction of the Court to try a criminal case is governed by the provisions of the Criminal Procedure Code and not on common law principle...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Company having registered office at Delhi and branch office at Chandigarh - Business transaction entered into at Chandigarh - Cheque drawn at Chandigarh Bank - Notice demanding payment sent from Delhi - Issuance of notice would not by itself give rise to a cause of action but..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Giving of notice does not give rise to a cause of action but it is communication of notice which give rise to a cause of action - For an offence u/s 138 of the Act notice must be received by the accused - Notice may be deemed to have been received in certain situations - Word 'communicate'..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Complaint against company and other Directors - Specific averment in complaint that accused persons were incharge of and in control of day to day affairs and management of accused company - Case made out u/s 141 of the Act - Order issuing process against company and other accused, held,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Recording statement of complainant - Not an empty formality - Recording statement cannot be done mechanically by simply filing details such as date of cheque, name of bank etc. in a format already kept ready - Order issuing process without..........
Insurance claim -- Discharge voucher - Full and final payment - Immediately after receiving cheque, the respondent lodged protest with the appellant - Insurance Company calling upon it to pay the balance amount - Contention of appellant in regard to Insurance Company having paid the said money towards full and final settlement of the claim repelled being without any merit...........
Suit for recovery -- Decreed by trial Court - Evidence on record establishes business transactions between parties - Defendant failed to prove any dealings between her firm and ITI Calcutta much less entrusting any cheques to beneficiary whereof was ITI Calcutta much less fact any cheque was misused - Suit rightly decreed - Interest granted held, fair and reasonable...........
