Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque for expert opinion - Application u/s 45 of Evidence Act cannot be allowed as a matter of course - There must be some material before Court to satisfy itself to refer the cheque for expert opinion - Defence of accused is yet to be established before Court..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Defendant borrowed Rs.5 lakhs from plaintiff and agreed to pay with interest - Ability to advance sum of five lakhs - Plea of defendant is that plaintiff is stranger and he does not know him - Defendant had not let in sufficient evidence to dislodge presumption u/s 118 of the Act - Suit..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Production of documents - As per accused original documents were necessary for completing cross-examination of complainant and in absence of those documents, he is unable to complete cross-examination - Complainant himself ready to consider prayer sought out by accused therefore nothing survive for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Permission for withdrawal of petition for recording of compromise - Compromise arrived at between parties - Accused discharged his liability by paying cheque amount - However, after filing petition for recording compromise, complainant refused to appear before Court - Since complainant had..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of order taking cognizance - Points raised by accused cannot be considered by Court u/s 482 Cr.P.C - Proceedings cannot be quashed at this stage - Petition for quashing held, dismissed...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Scribe is not a competent witness to speak about passing of consideration...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Recovery suit - Plaintiff had discharged her burden by proving pronote by examining PW2 and scribe - Signature as well as thumb impression found on document to be that of defendant - However, defendant has not taken any steps to positively prove contrary by calling expert - In such circumstances, Courts below after..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand to make payment within seven days - Statutory notice not fulfilling the requirements of S.138(c) of the Act - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant a practicing Advocate - Practicing Advocate advanced loan to his client - Practicing Advocate is barred from having any business transactions or loan transactions with his client - Act of complainant amount to professional misconduct - Entire proceedings nothing but clear abuse of process of..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Compliant filed at a place other than that where cheque was presented for collection and dishonoured - On this ground complaint cannot be sustained, hence, quashed...........
