Negotiable Instruments Act, 1881, Section 138, 56 -- Dishonour of cheque - Part payment made before encashment of cheque - Part payment made must be endorsed on the cheque - Part payment made if not endorsed on cheque then offence u/s 138 of the Act is not made out as cheque does not represent a legally enforceable debt at the time of encashment, as legally enforceable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conditions stipulated in the provisos to S.138 need to be fulfilled in addition to the ingredients in the substantive part of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of `said amount of money' means cheque amount...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - For the commission of an offence u/s 138 of the Act, cheque that is dishonoured must represent a legally enforceable debt on the date of maturity or presentation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution of cheque in question was not disputed by accused - However, defence has been taken that same was issued to one other person, but same was never examined by accused - Once execution of cheque and signatures thereof was not disputed, then onus shifts upon accused to discharge his burden that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Issuance of cheque whether towards time barred debt - Loan repayable within seven years - Period of limitation would start reckoning from the expiry of period of seven years...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Issuance of cheque towards time barred debt - It is a matter of evidence - Not to be adjudicated in an application filed u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - As per petitioner he did not sign the cheque - Dishonor by the bank was made not on the ground that the signatures differ but on the ground that insufficient funds - Onus shifted on petitioner but petitioner failed to lead any evidence which arose in favor of bank - There is no illegality..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Stage of case is for recording of plea - Presence of complainant is not necessary and recording plea is by Court - Magistrate ought not to have dismissed complaint for non-appearance of complainant - Amount of cheque is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of witnesses - Prima facie there was substance in the plea of accused for the purpose of leading additional evidence in defence - It would have not caused prejudice to complainant as complainant would have got a chance to cross-examine witnesses..........
