Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compliant on the basis of second notice - Barred by limitation - Complainant initially issued a legal notice to petitioner in the month of June 2004 and petitioner gave reply thereto - Thereafter complainant waited for four months and submitted cheque again to his bank - On basis of bouncing of cheque..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Applicants had given a cheque to complainant and same was dishonoured - Opposite party No.2 had given a legal notice to which applicants neither gave any reply nor returned money to opposite party No.2 - All submissions made at bar..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by sole proprietor - In cause title it is mentioned that complaint is filed by "M" representing M/s Traders "N" Traders, a proprietary concern as its proprietor - Held, no further evidence is needed on behalf of appellant-complainant - Further no reply notice has been issued by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - In the light of the assertions of the complainant-respondent, it is more than clear that present petitioner is not drawer of cheque - Complaint also illustrates in paragraph 5 that accused-petitioner vehemently denied any liability and also disputed issuance of questioned..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Defence set up by accused that he had no privity of contract with complainant and issue of cheque was only as a security in relation to transaction with another - Fact that cheque was issued to complainant, a freight agent, for transporting goods of accused is practically..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Legality of - Cheques were issued for discharging legally enforceable debt under promissory notes - Cheque dishonoured for "funds insufficient" - Statutory notice was issued by respondent/complainant to accused - Accused received the said notice - Neither he sent any reply nor he repaid the..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Conviction - Legality - No reply was sent by revision petitioner/accused to statutory notice issued by complainant - Accused neither cross-examined witnesses nor let in any evidence to rebut the presumption u/s 139 of NI Act - In statement u/s 313 CrPC, about the incriminating materials, he..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption u/s.118 and 139 - Legal and enforceable debt - Petitioner/accused neither issued any reply to statutory notice nor cross-examined complainant - He did not let in oral evidence by way of examining defence witness and did not produce any documents - Held, presumption u/s.118 and 139..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Cheque in question issued for discharging subsisting liability - Cheque presented for encashment returned for insufficiency of funds - Statutory notice issued well in time - Petitioner/accused neither gave any reply nor repaid amount - Held, petitioner is guilty of offence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - In response to reply to notice issued by respondent No.2, petitioner never agitated the question that cheque in question did not bear signature of petitioner - This fact was agitated for first time during pendency of appeal - Moreover, petitioner admitted the fact of earlier..........
