Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Money lending license - Not relevant in a case of dishonour of cheque - In a case of dishonour of cheque it is to be seen whether cheque was issued in relation to a valid loan and was dishonoured without payment, even after giving notice...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - No loan transaction between complainant and accused - Loan is alleged to have been given to one `S' and accused is alleged to have undertaken to discharge the liability of said `S' - Except for the oral evidence of PW1, there is no material evidencing any such undertaking - Even, said..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(3) -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Grant of leave to prosecute should not be as a matter of routine, but should be on just and equitable basis, when materials reveal that Court below has not appreciated the materials in proper perspective...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - Complaint cannot be transferred at the instance of accused - However, accused can always apply for grant of exemption from personal appearance to concerned Court - Transfer petition dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Improper service of notice does not result in dismissal of complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - If the demand notice is sent to registered address, responsibility of complainant would end and it is for accused to say as to why he could not receive the cover...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Presumption under General Clauses Act - If a person has addressed a registered letter to last known address that was known to a particular person, it is deemed to have been served...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - There is no bar for Magistrate to act on the endorsement by postal authority like `Not claimed' while taking cognizance - After taking cognizance, question of improper service of notice practically loses its significance in as much as if the drawer is of the opinion that if cheque is..........
