Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant was an illiterate lady and accused was an educated person - PW1 spoken about lending of money and presentation of cheque - Duty is thus, cast upon accused to establish how his personal cheque went to the hands of complainant - No explanation is forthcoming from accused - Neither accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Service of notice - Serving the notice at the address of drawer whether it is received by him personally or his agent or any adult member in that address or even refused to receive is a sufficient compliance of service...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Demand notice - Service of notice - If a drawer of cheque is a Company or partnership firm, notice should be served on Company in writing as mandated u/s 138(b) of the Act - Proof of that service can be only acknowledgement of serving the notice on representative of company is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Service of notice - Seal of first accused/partnership firm is affixed and a representative of first accused have signed postal acknowledgement card - Notice sent to second accused same person in the said address had signed and fixed seal acknowledging the receipt of notice - Affixture of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Only requirement is that it should be a notice to demand cheque amount which was returned without realisation and there is no requirement to narrate under what circumstances cheque was issued...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non reply to demand notice - It is not mandatory or compulsory, on the part of accused, to reply statutory notice but its purpose is to advance his defence and make complainant to know about the defence...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Petitioners are admittedly partners in a partnership Firm - Claim of petitioners are that loan is time barred - Whether loan was already time barred or whether loan was subsequently acknowledged can be decided only after trial and whether the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Record sought to be produced by petitioner was very much in the knowledge of petitioner since beginning - But despite having availed numerous opportunities, he did not make any endeavour to bring the same on record -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence u/s 138 of the Act can be compounded even after recording of conviction...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Recall of CW1 - Earlier application filed u/s 311 Cr.P.C. for recall of CW1 was rejected and since accused did not chose to challenge the said order, same attained finality - Accused thus, has no right to move another application with same prayer for same purpose on the ground that certain..........
