Negotiable Instruments Act, 1881, Section 4, 78, 8 -- Kisan Vikas Patras (KVPs) issued by Post Office - Fraudulent encashment - KVPs is in the name of appellants - Payments made to `R' who not being a holder is not a valid discharge u/s 78, r/w S.8 of the Act - Respondents as maker of KVPs have not discharged the liability in terms of S.78 of the Act, as payment to `R' was..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm arraigned as accused in complaint - Proprietorship is not a company - Provisions of S.141 of the Act thus, have no bearing to the case - Petitioner no.2 being proprietor is solely responsible for all its action and liability including liability to face prosecution u/s 138 of the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Non-compliance of S.202 Cr.P.C - Magistrate has taken into consideration complainant's affidavit and documentary evidence on record - He thus, complied with mandate of S.202 Cr.P.C - Moreover, S.202(2) Cr.P.C is not applicable to proceedings of a complaint u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Recall of process - Once Court issues process to accused on a complaint u/s 138 of the Act, there is no provision for recall of process - Only provision for stopping proceedings in a certain cases is given in S.258 Cr.P.C...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal Breach of trust - Dispute is regarding dishonor of cheque - Only permissible remedy available to complainant would have been to file a complaint u/s 138 of Negotiable Instruments Act - However, no action is taken under said Act - Moreover, accused has not been imputed the intention to cheat complainant at the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Summoning of loan file - Sought to be summoned after completion of evidence of complainant - Accused not replied to demand notice or he did not file any such application at the time of taking cognizance or reading over the statement of charges - Trial Court as..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused raised defence during cross examination of complainant, the foundation of which was not laid in the reply to legal notice served after dishonour of cheques - Moreover in this case accused chose not to examine himself - Defence witness not succeeded in rebutting the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Omnibus notice without specifying as to what was the amount due cannot sub-serve the requirement of law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - When notice itself is vague, the notice would be imperfect for not having specifically contained the demand for payment of outstanding amount and therefore, a notice of demand which requires the drawer to make the payment of entire sum of cheque after having received a part of such amount..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Notice - Part payment made by respondent - Amount of cheque is higher than the amount which actually was due to complainant - Trial Court rightly held that part payment made by respondent ought to have been reflected in the notice issued by complainant - Thus, Court has chosen..........
