Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured for the reasons `refer to drawer' is fully covered u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of notice - Legal notice was sent on 19.12.2018, therefore, for want of any specific averment and proof of service, if the presumption of service of notice in reasonable time is raised, it should be deemed to have been served at best within a period of 30 days, from the date of its post i.e...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Money lending license - Not relevant in a case of dishonour of cheque - In a case of dishonour of cheque it is to be seen whether cheque was issued in relation to a valid loan and was dishonoured without payment, even after giving notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Money lending license - Not relevant in a case of dishonour of cheque - In a case of dishonour of cheque it is to be seen whether cheque was issued in relation to a valid loan and was dishonoured without payment, even after giving notice...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - No loan transaction between complainant and accused - Loan is alleged to have been given to one `S' and accused is alleged to have undertaken to discharge the liability of said `S' - Except for the oral evidence of PW1, there is no material evidencing any such undertaking - Even, said..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(3) -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Grant of leave to prosecute should not be as a matter of routine, but should be on just and equitable basis, when materials reveal that Court below has not appreciated the materials in proper perspective...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - Complaint cannot be transferred at the instance of accused - However, accused can always apply for grant of exemption from personal appearance to concerned Court - Transfer petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Compromise - Recovery of unpaid amount - Dispute between parties compromised and order of acquittal was passed reserving liberty in the event of default in payment by accused to complainant to invoke S.421 Cr.P.C - Accused defaults in payment - Criminal..........
