Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque given by way of security - Borrower or drawer of cheque to show how the main debt is repaid so that the security could not be enforced by deposit of the cheque - The defence of security devoid of evidence of repayment otherwise than by the dishonoured cheque can never be accepted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Defence plea of previous loan transaction between him and the friend of father of the complainant was false - Defence that the blank cheques were issued by way of security was dishonest - Existence of consideration which was statutorily presumed not disproved - Accused did not tender any evidence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Two partners - One partner signed the cheque on behalf of the firm and the cheque was issued in his own name - Cheque dishonoured - Complaint against other partner - Held, complainant is co-drawer meaning thereby that he is the co-drawer as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Service of notice - Though a registered notice as contemplated u/s.138 of N.I. Act was issued same was not served upon petitioner and returned with an endorsement that he was absent for 6 to 7 days - It is also not case of complainant that petitioner is intentionally avoiding to..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 21 -- Dishonour of cheque - Cheques allegedly issued by accused on various dates covering various amounts and the same incorporated in written agreement - Cheque dishonored - Accused alleged that the cheques were issued in anticipation of receiving money as loan, which was never received - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Non mention of 15 days period within which the amount was payable - Notice is not defective - Provision of S.138 of the Act only stipulates that accused becomes liable for prosecution if he does not pay the amount within fifteen days from the date of receipt of notice - It does not speak of..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 263, 326 -- Dishonour of cheque - U/s 143 of the Negotiable Instruments Act the word used `may' leaves option open for Magistrate to chose whether case is to be tried summarily or as a summons case - However, such option is not open for matter under the Indian Penal Code which are..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Partnership firm - Cheque issued by one of the partners of the firm - Complaint filed only against the partner who had signed the cheque and the partnership firm - Death of said partner during pendency of complaint - Other partners impleaded after a period of 5 years of filing of complaint -..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Both parties filed applications u/s 147 of the Act reporting settlement and seek permission to compound offence - Held, offence punishable u/s 138 of Negotiable Instruments Act is compoundable - Permission granted...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of Cheque - Complaint by power of attorney holder - Complaint filed by the complainant through his General Power of Attorney is competent and the order taking cognizance on the basis of the statement of General Power of Attorney holder of the complainant who is aware of the facts is sustainable under the laws...........
