Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of cheque amount along with interest - Amount demanded was more than cheque amount - Notice cannot be termed as defective...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint prosecuted by Secretary of complainant society - Though accused has denied that PW1 was Secretary of society but he failed to led any evidence to prove that some other person was Secretary of complainant society - Thus, Secretary of complainant Society has locus standi to present the..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Trial - Complainant has denied execution of compromise deed as alleged by accused - Plea of petitioner for comparison of respondent's signatures was rejected on ground that application should have been made after cross examination of complainant - Compromise deed is on..........
Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Presumption - Complaint u/s 138 of the Act - Legally enforceable debt - Cheque dishonoured with remark `payment stopped by drawer' - There is loan transaction between complainant/respondent and accused/applicant - Accused admitted transaction, execution of documents and receipt of demand notice -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Composite notice and complaint - Maintainability - Held dishonour of each cheque will constitute different offences - However, if cheques were inter-connected and pertaining to same transaction and composite notice was given for such cheques, then such composite notice and composite complaint shall be..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Summoning order - Validity - Petitioner No.2 was the only person who issued cheque in question to respondent - Summoning order issued against petitioner Nos.1 and 2 - Held, summoning order against petitioner No.1 liable to be quashed - Order accordingly...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal for default - Acquittal - Validity - Explanation offered by appellant that his advocate could not remain present as he inadvertently forget to post next date of hearing in his diary, leading to further defaults on four occasions, appears..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 15 cases - Concurrent running of sentence - Three different corporate entities - Sentence in cases dishonour of cheques relating to single loan transaction shall run concurrently - However, this concession is not applicable when borrowing company..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Issuances of process when accused not residing within jurisdiction of Court - It is obligatory for the Magistrate to postpone the process and make inquiry and after being satisfied, the process could be issued and there is no exception to this proposition on..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Revision - Complainant admitted factum of compromise between parties vide compromise deed wherein it was mentioned that entire amount of cheque has been received by him - Held, petitioner directed to deposit Rs.10,000/- with Distt. Legal Service Authority for compounding of offence -..........
