Negotiable Instruments Act, 1881, Section 138, 145, Evidence Act, 1872, Section 142, Constitution of India, 1950, Article 21 -- Dishonour of cheque - Complainant can tender affidavit in lieu of examination-in-chief u/s 145 of N.I. Act - Held, provision of S.145 of N.I. Act is neither violative of right of accused to have fair trial nor violative of provisions of S.142 of..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Examination of complainant as a witness is mandatory - Provision of S.145 of the Act relating to evidence on affidavit does not relate to the stage before issuance of process u/s.204 Cr.P.C. - Cognizance taken on the basis of affidavit of complainant set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Power of attorney holder - Complaint is maintainable even when it is signed by the power of attorney holder and pre summoning evidence is filed in the form of affidavit of power of attorney holder...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Amount claimed in notice double the amount of cheque - However, in complaint cheque amount mentioned - Cheque amount shown in affidavit sworn by him as his evidence in examination-in-chief - Discrepancy of amount in notice does not disentitle the complainant to claim the amount of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Evidence on affidavit - Summoning of deponent to be examined towards examination-in-chief - No ground whatsoever disclosed - Held, Court is not bound to summon the witness on a mere application...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Evidence on affidavit by the complainant - Sufficient compliance as provided in S.200 Cr.P.C. - Personal appearance of complainant for his examination not required...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Defence evidence - Even defence evidence can be led by filing affidavit - Defence evidence includes evidence of accused himself...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Defence evidence - Even defence evidence can be led by filing affidavit - Defence evidence includes evidence of accused himself...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Court can take cognizance merely on the basis of evidence on affidavit...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Repayment alleged - Receipt produced in defence evidence - In rebuttal complainant filed an affidavit that he never issued such receipt and it does not bear his signature and it is forged - Complainant once again cross examined and he once again denied his..........
