Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Issued but not served - Cheque presented for the second time and again dishonoured - Notice issued in the name of a wrong person - Cheque presented for the third time and again dishonoured - Notice issued for the third time - No payment received - Complaint filed - Not illegal - Held, cause of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conditions required to be complied with before taking cognizance are (i) that the cheque must be presented within a period of six months from the date on which it is drawn; (ii) on the cheque being returned un-paid by the banker, a notice has to be issued within thirty days from the date of receipt of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cash loan of Rs.5 lakhs - Plea of never taking a loan - Held, once accused comes with a specific case that he never took loan from the complainant, it is for the complainant to lead cogent evidence o prove as to from where he advanced such a substantial sum to the accused by way of loan - In the instant..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Conviction by trial Court - Acquittal by appellate Court - Complainant failed to discharge the burden of proving that amount of cheque was legally recoverable and that he had given the loan to the accused - Several discrepancies in the testimony of the complainant - Held,..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Does not extend to the extent that the cheque was issued for the discharge of any debt or liability which is required to be proved by the complainant...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complainant, Manager in Bank - Advanced loan to accused - Dates mentioned in different ink from rest of the contents - It is improbable that complainant will advance loan to a person who had already defaulted in repayment of loan - Evidence on record that complainant did not have money with him and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque undated at the time it was drawn - Does not mean that it was given without consideration...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheque - Cheque is deemed to be drawn on the date mentioned on the cheque and not on the date the undated cheque was handed over...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheque - Drawer of an undated cheque gives a prima facie authority to fill in the date...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Magistrate is obliged to conduct enquiry u/s 202 Cr.P.C. even in a prosecution u/s 138 of NI Act...........
