Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque theory - `Drawn' - Has to be understood as execution - Putting signature on the blank cheque is not equivalent to the word `drawn' - Word `Drawn' in the provision has to be understood as `execution' of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Misuser of blank cheque - Reply to statutory notice not given - `Stop instructions' not issued to bank - Unusual conduct of accused - Failure of accused to rebut the presumption - Accused, held, guilty u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused that blank cheque as security was given and even after repayment of loan cheque was misused - Accused admitted in his cross examination that cheque was given to repay the debt - No merit in contention that blank cheque was given - No ground to interference in concurrent finding of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque-Cheques cannot issued for valuable consideration if obtained by complainant blank without even mentioning the amount or date - Offence u/s.138 not committed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Material alteration - Blank cheques issued and later they were filled - Fact that column relating to payee filled up later but the same does not amount to material alteration...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Computers taken on rent - Blank cheques given - Destruction of computers by accidental fire - Dishonour of cheque - No averment that it was due to negligence of accused - Accused is not liable u/s 138 of the Act - Bailee in absence of any special contract is not responsible for the loss, destruction or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signature in cheque - Admission of signature in cheque is not equivalent or synonymous with admission of execution - By mere admission of signature right of accused to contend that a blank signed cheque was misutilised by the payee is not taken away...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Misutilisation of blank signed cheque - Sending cheque to handwriting expert - Admission of signature in cheque is not equivalent or synonymous with admission of execution - Magistrate directed to forward the cheque to expert for comparison if accused wants the admitted handwritings/specimen writings to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Cheque issued for cost of goods to be supplied by drawee - Bank account closed after issuance of cheque - Cheque presented to bank for realisation and same dishonoured - No criminal liability for the reasons that (i) cheque when issued was blank; (ii) Cheque when presented for payment,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - An implied authority is given to the holder of cheque to fill up the columns therein when a blank cheque duly signed is given - If holder of cheque fills up date and amount by words and figures then it does not amount to any offence - It is not a case of forgery an fabrication...........
