Negotiable Instruments Act, 1881, Section 138, Indian Contract Act, 1872, Section 23(f) -- Dishonour of cheque - Cheque issued towards return of money advanced by complainant to accused to provide a job to son of complainant - Such an agreement was not enforceable by law, as it is against public policy and is void - Debt or other liability under such agreement cannot be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Incorrect cheque number mentioned in the notice - Mention of wrong cheque number in notice does not attract provision of S.138 of the Act - Complaint not maintainable - Acquittal calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Amendment to S.148 of the Act is merely procedural and hence it's application would be retrospective in nature and would apply to all pending appeals as well...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Verification of signatures from private expert - Even, private expert must be a person of repute having good experience in the field - Court thus, expected to assign the matter to named private expert or it may assign it to State Forensic Science..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Re-examination of complainant - Accused has nowhere mentioned as to how recalling of complainant is essential for just decision of case - Only ground taken by accused is that due to inadvertence, his counsel did not ask questions regarding veracity of..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Writing on cheque of three different persons and cheque appears to be filled thrice by different persons using different inks - Figure `7' prefixed to the figure 5,000 to read it as 75,000 - Figure 75,000 written with two different inks - Once it is established that there was..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Wife, sole proprietor of firm, issued the cheque - Husband not authorised signatory, agent or co-proprietor of the firm - Order of summoning husband as accused u/s 138 of the Act quashed...........
Negotiable Instruments Act, 1881, Section 4, 118, Evidence Act, 1872, Section 102 -- Promissory note - Consideration - Burden of proof - Burden lies on defendant to prove non-existence of consideration by bringing on record such facts and circumstances which would lead Court to believe non-existence of consideration - However, if the defendant discharges the onus of proof..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Evidence of PWs 1 to 3 is consistent regarding execution of promissory note - Defendant failed to show any reason or circumstance to disbelieve evidence of PWs 1 to 3 - He did not deny that promissory note was signed by him - Once it is admitted that defendant had signed promissory note her liability..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Interest - Defendant borrowed Rs.3 lakhs for her family necessities but not for business purposes - Plaintiff being a private party was not justified in demanding interest @ Rs.24% p.a - It is thus, just and proper to award interest @ Rs.12% p.a on principal amount of Rs.3 lakhs from date of suit..........
