Negotiable Instruments Act, 1881, Section 138, Bombay Money Lenders Act, 1947, Section 2(9)(f) -- Dishonour of cheque - Money lender - Complainant advanced some amounts on interest and in all probability had taken blank hundies and blank signed cheques - There is a reason to believe that complainant was advancing money as and by way of a business of money lending without..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan amount - Solitary instance of giving a loan does not make a person "Money Lender"...........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption u/ss 118(a), 139 of Act arising in favour of complainant is rebuttable - It is not necessary for accused to lead any defence evidence in order to rebut said presumption - Accused can do so on the basis of evidence led on behalf of complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Funds insufficient - Loan amount - Cheque issued for re-payment of loan amount of Rs.30 lakhs - Dishonour of cheque on account of funds insufficient - Statement of bank Account produced to prove the fact of dishonour of cheque - Chief Manager of Bank has also deposed that cheque was dishonoured for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Funds insufficient - Loan amount - Legally enforceable debt - Documents on record prove that an amount of Rs.30 lakhs was transferred from the account of complainant to the account of accused - Accused did not dispute signature/execution of Loan Security Bond and a Promissory note - Evidence on record..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act - Where Magistrate intends to hold regular trial, he has to record reasons as to why he deems it fit not to try case summarily - However, mere absence of any such order does not vitiate entire trial...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Simply because someone is a Director in a company, he cannot be held responsible in respect of a cheque issued on behalf of company - However, if concerned Director is i, charge of and is responsible to the company for its conduct of business, he can be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Quashing of complaint - When there was an allegation to the effect that Directors were involved in day-to-day business of company, High Court ought not to have quashed the proceedings against such Directors - Moreso, notice issued to company was refused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Return of complaint u/s 138 of the Act for filing before Court of competent jurisdiction - After issuance of ordinance 2015, offence u/s 138 of the Act shall be inquired into and tried only by Court within whose local jurisdiction, cheque is delivered for collection through account, or branch of bank..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Proof by son of complainant who was impleaded on death of complainant - Son not only proved his knowledge as legal heir but also had witnessed the transactions and he possessed due knowledge to entitle him to act in lieu of complainant who had passed away and who was his..........
