Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, Negotiable Instruments Act, 1881, Section 138 -- Interim bail - Cheating - Dishonour of cheque - Accused named as accused in offence u/ss 420, 406 IPC and S.138 of N.I. Act - Trial of case likely to take some time - Accused undertakes to extend full cooperation to trial Court for early..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Nature of transaction need not to be disclosed in the notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Failure to send reply to the notice, not a circumstance to prove case of complainant or demolish case of defence...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - No particular form has been prescribed under the Act with respect to a notice u/s 138(b) of the Act except payee or holder in due course should make a demand for payment of amount of money within 30 days from receipt of intimation from bank regarding return of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.30 lakhs - Source of loan - Source of money not proved - Defence of accused that he issued cheque as a financial assistance in 1993 is probable - Though cheque is proved but accused successfully rebutted presumption and it has been established that there was no valid consideration for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Plea of accused that notice was served upon son of accused and not upon accused - Plea held, not tenable as notice was sent through two modes once through registered post and another through courier service and so far as registered post is concerned same was served upon accused for which..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Admittedly, accused has not led any defence evidence - Considering nature of transactions between parties and read with presumption u/s 139 of the Act that cheque was issued against discharge of existing debt or other liability, plea of accused that cheque was issued by way of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Sent to one `V' and `S' - Both of them neither drawer of cheque or accused in the complaint case and for this reason alone it must be held that legal notice was not properly addressed and sent to accused - Accused rightly held, not guilty of offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Admittedly, cheques issued were blank cheques and they were filled by complainant - Even a blank cheque leaf voluntarily signed and handed over by accused which is towards some payment would attract presumption u/s 139 of the Act..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - On the basis of a document which complainant stated that it pertains to some other transactions - It is for accused to rebut the presumption in the manner known to law - No interference warranted in the findings of two Courts below - Accused rightly convicted...........
