Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 21 -- Dishonour of cheque - Matter referred to Lok Adalat - Award based on compromise - It is a decree and is executable by Civil Court irrespective of the fact that reference was made by a Criminal Court - Act does not make out any distinction between the reference made by a Civil..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Accused availed loan of more than Rs.175 Crores and towards the discharge of their partial liability two cheques have been given by second petitioner on behalf of first petitioner company for Rs.30 Crores - Further, on the date of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question does not bear signature of accused - It has also come in evidence that accused did not close his account but it was closed by bank itself on very day (Day of dishonor of cheque) since there was no balance for debiting the service charges - Held, accused has rebutted the presumption..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Complainant failed to prove that demand notice was ever sent to accused - Acquittal - Validity - Held, proviso appended to S.138 of the NI Act contains a no, obstante clause that nothing contained in the main penal provision shall apply unless the requirements, including that of demand notice..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - One portion of cheque containing signature of drawer produced with complaint - Partial destruction of instrument narrated as snatching by accused and destroying a portion of the cheque - Plea of accused that he cannot be prosecuted on the basis of a mutilated cheque that does not even contain the number..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Petitioner/accused admits in evidence that he has documents to prove the satisfaction of loan - He does not produce any documents - Held, when he is in possession of said documents it was his duty to produce same before Court - Non-production of material documents leads to an adverse inference -..........
Negotiable Instruments Act, 1881, Section 138(b), Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - Service of notice - Presumption u/s 114 of Evidence Act - Held, under the provisions of S.114 of Indian Evidence Act, 1872, when a notice is sent to the correct address, the presumption is that it is gone to the person to whom it is addressed - When there is..........
Negotiable Instruments Act, 1881, Section 138, 139, 141 -- Dishonour of cheque - Offence by company - Discharge of debt or liability - Presumption as to - Held, when accused No.1 company has issued the cheque which was signed by accused No.2 and was given to the complainant there is always presumption u/s 139 of NI Act that said cheque was issued by him for discharge of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Despite having knowledge of freezing the bank account of petitioner No.1 company by investigating officer, complainant has deliberately deposited cheque which has been dishonoured/returned - Petitioner-accused in reply to statutory..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Validity - Complainant issued demand notice for loan amount instead of cheque amount - Held, such notice is invalid - Valid notice of demand in writing for cheque amount is to be issued - Necessary requirements for constituting offence u/s 138 of the NI Act cannot be said to have seen..........
