Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.1.60 lacs by a Govt. servant drawing monthly salary of Rs.6,000/7,000 per month - Loan without any written agreement or documentation and without any interest - Complainant proving withdrawal of Rs.90,000 from his bank account and the fact that complainant was running a committee giving..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Determination of - Complainant has neither produced any cogent legal evidence nor produced accounts and any bills/receipts showing dealing between complainant and accused in respect of business transaction pertaining to disputed cheque in question - Held, it was incumbent upon..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presentation of cheques - Interim injunction - Maintainability of compliant u/s 138 of NI Act - 1st respondent issued notice to petitioner demanding to pay the cheque amount - Petitioner issued reply notice and thereafter he filed O.P. and obtained interim injunction against 1st respondent preventing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complainant one of the stockists of company - There was no agreement by petitioner for any of terms and conditions with complainant - Cheque issued in favour of complainant was by another stockist - Complainant also failed to point out the relevant portion of the complaint fixing liability on..........
Negotiable Instruments Act, 1881, Section 138,142, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Examination of complainant on oath, in an offence u/s 138 of the Act, is mandatory - Held, order taking cognizance without examination of complainant on oath is illegal - Set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Injunction by civil court from proceeding with the presentation of cheque for encashing them pending disposal of Arbitration proceedings - Held, injunction is against the statutory provisions in Ss.138, 141 & 142 of NI Act - Injunction is to be deemed to be non est (with regards to the criminal..........
Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 21 -- Dishonour of cheque - Matter referred to Lok Adalat - Award based on compromise - It is a decree and is executable by Civil Court irrespective of the fact that reference was made by a Criminal Court - Act does not make out any distinction between the reference made by a Civil..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Additional evidence - Flat was handed over by complainant to accused for selling it - Cheques for consideration sent to complainant were dishonoured - Court below was misled by accused due to fraudulent concealment of fact that flat in question was already sold to third party without knowledge of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Accused availed loan of more than Rs.175 Crores and towards the discharge of their partial liability two cheques have been given by second petitioner on behalf of first petitioner company for Rs.30 Crores - Further, on the date of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards hand loan - Complainant did not produce cogent and convincing evidence with regard to existing debt - Respondent was able to rebut presumption u/s 139 of the Act - Respondent cannot be saddled with criminal liability, simply because reply to notice of demand is not given -..........
