Negotiable Instruments Act, 1881, Section 98(c) -- Suit for recovery on the basis of dishonoured cheque - When cheque is dishonoured for insufficiency of funds, drawer is not entitled for a notice of dishonour, as provision of S.98(c) of the Act provides that no notice of dishonour is necessary when party charged could not suffer damage for want of notice...........
Suit for recovery -- Suit for recovery on the basis of dishonoured cheque - Plea that it was a security cheque - Very fact that cheque was issued as security by itself imply that, in the event of non payment, security is liable to be enforced - A cheque issued as security would mature for presentation on default when payment is due...........
Suit for recovery -- Suit for recovery on the basis of dishonoured cheque - Defendant contended that it was a signed blank cheque that was entrusted to plaintiff - However, same is denied by plaintiff - DW1 even admitted that borrowed amount has not been repaid - In the absence of evidence to the contrary, case of plaintiff is liable to be accepted - Plaintiff is entitled..........
Civil Procedure Code, 1908, Section 34 -- Suit for recovery on the basis of dishonoured cheque - Interest - Considering prevailing rate of interest in banking transactions, grant of interest at the rate of 6% from the date of suit till realisation would be reasonable and justified...........
Civil Procedure Code, 1908, Section 21 -- Suit for recovery on the basis of dishonoured cheque - Jurisdiction - Cheque was presented and dishonoured within the jurisdiction of trial Court, as such trial Court had territorial jurisdiction to entertain the suit...........
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..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - Accused though denied case of complainant in toto, but by making statement u/s 313 Cr.P.C that his signed cheques were stolen and misused by complainant, he virtually admitted the factum with regard to issuance of cheques and his signatures thereupon - Since accused failed to..........
