Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Demand in addition to the cheque amount - If in a notice while giving break up of claim, the cheque amount, interest, damages, etc. are separately specified and these additional claims will be severable, such demand would not invalidate the notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Omnibus demand - There must be a clear demand for the cheque amount, otherwise notice will be invalid...........
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 - Once the amount has been agreed to repay by accused and he issues cheque under his signature, then this agreement to return the money was not in any way tainted by any illegality as by doing so accused infact agreed to disgorge his ill gotten gains and cheque so received by him for discharge of legal..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption which arises on signing of cheque cannot be rebutted merely by report of a handwriting expert...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Even if details in cheque are filled by another person is not relevant to the defence whether cheque was issued towards payment of a debt or in discharge of a liability...........
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..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account freezed by police - Cheques totalling 80 lakhs issued - Concerned bank account had maximum deposit of 18 lakhs - Incapacity in operating the bank account will not aid accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sufficient funds - Available in other bank accounts of the company - Accused cannot rely upon other bank accounts for the dishonoured cheque which relates to specific bank account of accused...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties settled by executing memorandum of settlement agreement - Accused already paid the amount settled between parties - Offence in question allowed to be compounded by invoking powers u/s 147 of the Act r/w S.320(8) Cr.P.C...........
