Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque by accused is established - Even, signature is established - Further, whenever special plea is taken it is incumbent upon accused that he has to establish special plea and accused failed to establish the same - Conviction held, proper - Fine modified...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution of cheque - Mere admission or establishing of signature does not amount to proving of execution of cheque and where a person claims that he got cheque towards repayment of debt that was legally recoverable from accused - Under such circumstances it is incumbent on part of complainant to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - No requirement that notice should be in a signed form - Proviso to S.138 of the Act states `giving a notice in writing' and not `by giving a notice in writing with signature'...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Lawyers notice - Omission on the part of lawyer to put his signature in the notice issued u/s 138 of the Act cannot be treated as defective notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Lawyers notice - Omission on the part of lawyer to put his signature in the notice - Since there was demand of money as such notice without signatures of lawyer cannot be held to be a defective notice...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to handwriting expert - Absence of plea either by complainant or accused that accused made entries in the cheque - Accused admitted signature in the cheque - When accused admits signature in the cheque, it is immaterial whether some other person had made..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Accused did not disputed his signature in cheque except that it was issued as blank to one person - However, defence case was not probabilised in any convincing manner - Even no rebuttal evidence was adduced by accused - Complainant proved that cheque was issued in discharge of a legally enforceable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Evidence on record establish issuance of cheque by accused to complainant for loan transaction - Even, accused not disputed his signature on cheque - Moreover, contention of accused that complainant illegally taken away his brief case containing cheque books and signed papers raises genuine doubt in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused is that complainant has stolen cheque from him in his house - Plea held, not tenable as accused admitted his signature and contents of cheque - Even, accused could have replied to legal notice stating that cheque has been stolen from him - Moreover, accused has not chosen to file any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused not denied his signature in cheque - Unless and until, contrary is proved, it is presumed that accused gave the disputed cheque to complainant - Accused rightly convicted - Directions issued...........
