Negotiable Instruments Act, 1881, Section 138(b), 142 -- Dishonour of cheque - Computation of period of limitation for filing complaint - Date of issuance of notice as well as date of service of notice or deemed service of notice to be discernible from postal receipt and acknowledgement card and in its absence any other document or documents issued by concerned postal..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Production and proof of agreement relating to alleged transaction between complainant and accused - Case of complainant is not based on this document but it is based on dishonoured cheque - It is not that attempt of complainant in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Source of income - Non production of document with regard to source of income to advance loan - Not a ground to dismiss complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Production of account books - Court is not devoid of power to call upon any party to produce a document - Complainant in possession of the original account books which he had brought in the Court - Accused had every right to inspect the original account books and put question to the witness in his..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Complainant sought production of a document after statement of accused was recorded u/s 313 Cr.P.C. and before recording defence evidence - Application dismissed even without calling reply on the ground that document sought to be produced..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Presumption is available only when it is proved that cheque was drawn by the accused - Court can decide this only from evidence produced on record as to whether cheque was filled by accused or by the complainant under instructions of accused or it was filled by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Dishonour of cheque - Cheque alleged to be forged before filing complaint - Held, if offence is committed pertaining to document prior to its production in Court and when it was not in custody of Court then bar u/s 195(1)(b)(ii) of Cr.P.C. does not arise and complainant..........
Evidence Act, 1872, Section 165, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Arguments heard and case fixed for orders - Magistrate in suo motu exercise of discretion directed for production of accounts concerning petitioner available with complainant - Document ordered to be filed was neither filed nor exhibited by complainant during trial -..........
