Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - When there is no demand in notice for amount covered by bounced cheque, notice is not valid notice...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount deposited with trial Court has been agreed to be released in favour of complainant - Complainant has no objection for compounding the offence in case said amount is released in his favour - Offence ordered to be compounded - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting expert - Denial of signatures on postal acknowledgment - Accused contended that there was a collusion between postal authorities and complainant and signature on postal acknowledgment is forged - It was thus, necessary for trial Court to refer the signature of accused both admitted and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting expert - Denial of signatures on postal acknowledgment - Accused contended that there was a collusion between postal authorities and complainant and signature on postal acknowledgment is forged - It was thus, necessary for trial Court to refer the signature of accused both admitted and..........
Evidence Act, 1872, Section 137, 138 -- Cross-examination - If a witness is not subjected to cross-examination by the other side, his testimony is deemed to have been accepted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Additional demand - When there is specific demand in respect of cheque amount then notice is not vitiated merely because additional claim incidental is made in the form of expenses incurred for clearance and charges...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Typewritten cheque - Complainant and accused are doing business and therefore, money transactions based on typewritten cheque cannot give rise to any suspicion...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere filling of cheque by payee would not invalidate cheque and it does not amount to alteration...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Failure to send reply notice by itself cannot lead to conclusion of allegations in notice being accepted by accused - However, failure of accused to explain reason for not sending reply notice would weaken the defence case...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - During pendency of proceedings Company was dissolved - Signatories/directors cannot escape from their penal liability u/s 138 of the Act by citing its dissolution - What is dissolved is only company, not personal penal liability of accused covered u/s 141 of the Act...........
