Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 69(2) -- Dishonour of cheque - Complaint by un-registered firm - Bar u/s 69(2) of Partnership Act will not come in the way of complainant in filing complaint u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards discharge of liability of hiring charges - However, complainant has not substantiated as to when machines are given on hire to accused - No documentation produced by complainant regarding the same - Accused already created dent in the case of complainant - Accused rightly..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of cheque amount - Extension of time - Accused is ready and willing to deposit amount as directed by lower Court - However, on account of his medical condition, he could not deposit the same within time period granted by Court below - Accused granted four weeks more time to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 2(wa), 372 -- Dishonour of cheque - Complainant in a case u/s 138 of N.I Act is not a victim u/s 2(wa) Cr.P.C and therefore not entitled to file an appeal u/s 372 Cr.P.C against acquittal of accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Handwriting expert - No plausible justification or explanation given by accused to examine handwriting expert - Power u/s 311 Cr.P.C should be exercised only for strong and valid reasons and with great caution and circumspection - Application rightly..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Handwriting expert - No plausible justification or explanation given by accused to examine handwriting expert - Power u/s 311 Cr.P.C should be exercised only for strong and valid reasons and with great caution and circumspection - Application rightly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused denied his signatures on cheque - Burden is upon accused to produce admitted signature and seek for an expert opinion - Having failed to do so, adverse inference is drawn against him that disputing signatures is for the formal sake of denial - Accused convicted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant was an illiterate lady and accused was an educated person - PW1 spoken about lending of money and presentation of cheque - Duty is thus, cast upon accused to establish how his personal cheque went to the hands of complainant - No explanation is forthcoming from accused - Neither accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Service of notice - Serving the notice at the address of drawer whether it is received by him personally or his agent or any adult member in that address or even refused to receive is a sufficient compliance of service...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Demand notice - Service of notice - If a drawer of cheque is a Company or partnership firm, notice should be served on Company in writing as mandated u/s 138(b) of the Act - Proof of that service can be only acknowledgement of serving the notice on representative of company is..........
