Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Conviction - Suppression of crucial facts like nature and date of transaction and also date of issuance of cheque by complainant - Admission by accused regarding signing of blank cheque does not amount to execution of cheque - It is duty of complainant to prove said execution - Failure of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint on the basis of dishonour of cheque for the second time is maintainable even when demand notice was issued when cheque was dishonoured for the first time...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Drop of proceedings at the stage of recording of evidence - S.258 of the Code is not applicable to a summons case instituted upon a complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Complaint filed before expiry of 15 days from the issuance of notice - Drawer when denies his liability itself and says "No payment" then there is no purpose in waiting for the completion of 15 days - Contention that complaint is not maintainable, rejected...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 243 -- Dishonour of cheque - Complaint u/s 138 of the Act - Application filed by accused for sending cheques and acknowledgement receipt for FSL examination - Once document is referred to FSL or CFSL, it normally takes four to five years in obtaining report - Since, complaint is pending since 2013,..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of complainant for cross-examination - Accused already granted adequate opportunities to lead defence evidence subject to payment of costs and thereafter, three opportunities granted to accused to lead defence evidence but same was not done -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Order of summoning cannot be quashed on the ground that police had submitted charge sheet against complainant regarding cheques in question as enquiry made by trial Court of Judicial Magistrate himself under Chapter XV Cr.P.C. is on higher pedestal than that of investigation made by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Order of summoning cannot be quashed on the basis of defence version, which is still to be proved...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Direction of drawer of cheque to bank for not honouring the cheque, in fact, amounts to the fact that amount of money for payment to drawee in relation to that cheque was not sufficient in bank...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint and summoning order - In the instant case, cheques relating to bank account of accused got dishonoured when presented in bank under direction of accused - Even, thereafter on service of legal notice within time amount of cheque was not paid - Therefore, summoning order is passed on..........
