Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Complaint - Dismissal for default - Complainant not decided on merit due to absence of complainant and his advocate - Held, opportunity of hearing is required to be given to complainant to contest complainant on merits - Impugned order of dismissal of complaint liable to be set aside subject to payment..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed beyond limitation - It is incumbent upon complainant to file complaint petition within one month from the date on which cause of action arose - Court below took cognizance in violation of provision of S.142 of NI Act - Order taking cognizance quashed...........
Negotiable Instruments Act, 1881, Section 138, 3, 72 -- Dishonour of cheque - Expression "presentation of the cheque to the bank" used in S.138 - Held, it refers to only drawee bank - Payee's bank has no relevance for the purpose of constituting an offence u/s 138 of the NI Act - What is required under the section is dishonour of cheque by drawee bank - Payee's bank rather..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Nothing in complaint that respondent was responsible for day to day functioning of firm - Firm not made a party - Other cogent reasons given in support of acquittal - Order calls for no interference...........
Negotiable Instruments Act, 1881, Section 138,87 -- Dishonour of cheque - Alternation in date - It is material alteration - Material alteration renders the instrument void if it is not with consent of both the parties or was made by drawer - No such evidence - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cognizance of offence - Common notice in respect to all cases and cheques allegedly dishonoured are of different amounts and are of different dates - Absence of specific demand under the notice - Held, notice issued by respondent/complainant cannot be treated as a valid notice for the purpose of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Agreement to sell property - Transaction for sale of a site - Agreement shows that complainant had received Rs.2,00,000/- from accused as consideration for selling a site which he did not do - Cheque in possession of complainant was not issued in respect of any debt or legal..........
Negotiable Instruments Act, 1881, Section 138,139, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Presumption - Rebuttal - Cheque issued against loan which was entered in books of account and counter-signed by accused - Books of account not produced - Books of account are material and relevant evidence - Held, withholding of material and relevant evidence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Complainant did not see accused filling up cheque or signing thereon - Signature on cheque in question is seen indecipherable as ink used for signing is seen spread on said instrument - No other witness was examined to prove due execution of cheque or passing of consideration - No..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s.139 - Rebuttal of - Standard of proof - Held, when an accused has to rebut presumption u/s.139 of the Act, standard of proof for doing so is that of "Preponderance of probabilities" - If accused is able to raise a probable defence, which creates doubt about existence of a legally..........
