Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If the cheque is not drawn on the account maintained by accused but by some other person, same will not attract the provision of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Presumption - Complaint and affidavit do not mention that cheque bears the signatures of accused - No official of bank was examined to establish the name of person, who had put the signatures on the cheque - In the absence of proof of signatures, a presumption u/ss 118(a), 139 of the Act..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to condition of deposit 20% amount of compensation - Appellate Court while considering application u/s 389 Cr.P.C, has to consider as to whether it is exceptional case which warrants grant of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Accused was aged around 24 years at the time of incident and now he is 46 years old - He has already suffered the agony of protracted trial, spanning over a period of more than 22 years and he remained incarcerated for some time after passing of judgment - Looking to the long..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Payee/holder of cheque can file case u/s 138 of the Act against drawer of cheque and simultaneously can also file a civil case for recovery...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Defendants have not denied signatures on cheque or promissory notes - Though defendants have pleaded that plaintiff obtained their signatures on promissory notes under coercion, threat and undue influence, however, no evidence led in support of such plea - Even, defendants have not taken..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stand of petitioner/accused that he had borrowed only Rs.1 lakh from complainant and repaid the same, not supported with any materials - Evidences of DW1 and DW2 does not support the stand of petitioner - Petitioner not denied his signature and issuance of cheque but takes a different stand as regards..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of handwriting and fingerprint expert - Application is completely vague, as it does not in any manner suggest as to what the said witness wants to testify - However, reading between the lines if the intention of petitioner/accused is to dispute the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of CW1/son of attorney of complainant - To give his specimen writing for comparison with the writing in the body of cheque - Cross-examination of CW-1 shows that he remained as a Munshi at the brick kiln of accused/petitioner - It has been..........
Negotiable Instruments Act, 1881, Section 13 -- Negotiable Instrument - Once any negotiable instrument contains the signature of the executants on proper revenue stamp, it amounts to its execution...........
