Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint liability - Cheque issued from joint account of petitioner and co-accused - However, cheque was not signed by petitioner - Petitioner not being drawer of cheque, cannot be prosecuted - Complaint qua petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Change in year of cheque - Alteration without consent of party to the negotiable instrument makes instrument void against anyone who is party to such a negotiable instrument at the time of making such alteration - However, where alterations are made in the cheque and drawer signs over it, that would..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Presumption of receipt of notice by drawer of cheque can be raised only if notice has been despatched through registered post to his correct address - Such inference cannot be drawn if notice has been sent on incorrect address of drawer of cheque...........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Jurisdiction - Transfer of case - S.142(2)(b) of the Act provides that the offense u/s 138 of the Act shall be inquired into and tried by a Court within whose local jurisdiction, if the cheque is presented for payment by the payee or holder in due course, the branch of the drawee bank where the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Object of notice before filing of complaint is not just to give a chance to drawer of cheque to rectify his omission to make his stance clear so far as his liability u/s 138 of the Act is concerned...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque towards time barred debt - Cheque issued on 6.7.2018 for paying off loan advanced on 14.12.2011 - Same was issued for acknowledgment of loan and upon dishonour would make drawer liable to be proceeded against u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Admission of handing over signed blank cheque - Handwriting expert to know as to whether cheque was filled up not by drawer but by some other person - Immaterial - Presumption which arises on the signing of cheque cannot be rebutted merely by the report of a hand-writing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Even if a cheque is a security cheque, the same is an integral part of commercial process and same acts as a deterrent for drawer against dishonouring his financial commitment and can also be used towards discharging liability of drawer...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by company - Admittedly, as officers of appellant company they were aware of the fact that advance of Rs.1 lac was received from complainant for sale of land to him and company had enforceable debt to complainant as per terms of agreement - Neither land was transferred to him nor advance..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Quashing of complaint - Dishonour of cheque - Petitioner is second accused in complaint u/s 138 of the Act - Petitioner prays to quash complaint against him on ground that cheque is issued from account maintained by a proprietary firm owned by first accused and first accused is..........
