Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Date of service of notice - If date of service of notice is not mentioned in complaint then Court can presume u/s 114 of Evidence Act and S.27 of General Clauses Act that notice would have been served within ten days from the date of dispatch - Though it is always open to drawer of cheque to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Date of service of notice - If date of service of notice is not mentioned in complaint then Court can presume u/s 114 of Evidence Act and S.27 of General Clauses Act that notice would have been served within ten days from the date of dispatch - Though it is always open to drawer of cheque to..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion to determine age of ink - Specific defence set up by accused that cheque in question is lying with complainant since 2010 when his bank account was got opened by complainant - Accused by way of application intends to bring forward the fact that ink used for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - If two views are possible on the basis of evidence on record and one favourable to accused has been taken by trial Court, it ought not to be disturbed by Appellate Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Issue that cheque was based upon a contingent condition - To be proved by leading cogent evidence by both the parties - High Court merely upon reading the conditions attached with invoice cannot conclude that other conditions which accused is required to fulfill have been..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Complainant filed an application u/s 311 Cr.P.C to prove his income tax returns - Though application was filed u/s 311 Cr.P.C, however, application is in the nature of additional evidence and will properly fall u/s 391..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Complainant filed an application u/s 311 Cr.P.C to prove his income tax returns - Though application was filed u/s 311 Cr.P.C, however, application is in the nature of additional evidence and will properly fall u/s 391..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Accused cannot be permitted to give his evidence by way of an affidavit - S.145(1) of the Act only entails a complainant to tender evidence in such a mode...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order at the preliminary stage without affording parties opportunity of adducing evidence will result in finality and trial Court will be ousted from weighing material evidence which would result in accused being given un-merited advantage - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Finding in civil suit that cheque in question is not supported by consideration - Judgment was delivered after taking into account the conviction u/s 138 of the Act - Judgment of civil court has become final - Judgment of civil court becomes relevant u/s 43 of Evidence Act - Conviction and sentence set..........
