Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal in default - Restoration - Court had already taken cognizance, summoned the accused, framed the charge and complainant filed his own affidavit - Case was fixed for cross examination of complainant and accused sought two adjournments for cross..........
Negotiable Instruments Act, 1881, Section 138, 118(a), Civil Procedure Code, 1908, Order 37, Rule 1 -- Dishonour of cheque - Summary suit - Defendant purchased timber from plaintiff and he issued cheque towards price of that timber - Defendant has not denied his signature in cheque - Defendant has no case that he had kept blank signed cheques - It is not stated that cheque..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings sought on the ground that respondent-complainant has not mentioned in complaint regarding the date when loan was advanced to petitioner - Held, merely on that basis complaint cannot be quashed - Such issues can very well be gone into by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - No part of transaction took place at the residence of complainant and there was no stipulation that payment was to be made at place of residence of complainant, such mere residence of complainant does not confer jurisdiction on Court at place of residence of complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of authorised signatory of proprietorship firm who issued the cheque - Intimation of death not given to Bank - There is a disputed question of fact as to whether authorised signatory of the cheque, died prior to the dates of the presentation of the cheque - Proprietor being drawer of cheque is..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Withdrawing cash from bank and paying to the accused instead of issuing the cheque in favour of accused - Held, it is not necessary for the complainant to issue cheque to the accused and it is not proper to doubt the version of the complainant merely because he chose to advance hand-loan by cash...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Hand loan - Not proper to doubt the complainant when he advanced the hand-loan by cash instead of issuing a cheque to the accused - Trial Court unreasonably expected the complainant to examine eye witnesses to the hand-loan when it was not essential because there was documentary evidence in favour..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - There is presumption that service of notice is effected when it is sent on correct address by registered post on the address of the drawer - It is not necessary for the complainant to aver in the complaint that service of notice was evaded by the accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - S.138 of the Act is applicable in respect of the current or past debt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Witness not cross examined on previous dates - Petitioner now ready to cross examine the witness on the date fixed - Chance to cross examine given on payment of costs of Rs.1, 500/-...........
