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/-...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption that cheque was issued in discharge of debt - Rebuttal - This onus can only be discharged who issues cheque if he proves to the contrary - Such a proof cannot be accepted in proceedings under Art.226 of the Constitution...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in discharge of debt - Cheque issued not the result of fraud - Complaint disclosing prima facie case - Fraud is a question of fact - It has to be proved before the consequences follow...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint for default - For one singular default in appearance on the part of the complainant it is not proper to dismiss the complaint - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued to Company - Complaint against Company and its Directors and/or other officials - Separate notice is not required to be issued to Directors of Company or other officials of the company who are proposed to be prosecuted...........
