Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of Cheque - Complaint - Presumption in favour of complainant - Held, once a cheque has been issued by accused, it shall be presumed, unless contrary is proved by accused that holder of cheque received cheque of nature referred to in S.138 of N.I. Act for discharge, in whole or in part, of any debt or other..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of Cheque - Complaint - Presumption in favour of complainant - Appellant/accused admitted having issued cheque but his defence is that he had issued cheque against supply of cloth which was found to be defective - Held, it is established that cheque in question was actually issued by appellant in favour of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sending of notice from a particular place - Held, it would not give rise to cause of action but same will arise at the place of communication of notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Supply of inferior goods - Negotiations for return of goods - Accused insisted complainant to take back stock and not to present any of cheque - Complainant though agreed to take back stock but filed complaint of dishonour of cheque - Complainant had obtained a decree for recovery of amount in civil..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint - Plea of limitation - Objection regarding maintainability of complaint on the ground of limitation is raised and decided against accused by High Court - Order of High Court was confirmed by Supreme Court - Those orders were passed at the initial stage upon application filed to quash..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for no, prosecution - Validity of - Prosecution has closed its case and accused examined u/s 313 of the Code of Criminal Procedure, 1973 - Held, court was required to pass a judgment on merit of the matter - Magistrate was not justified in dismissing the case for no, prosecution..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Trial - Opportunity to adduce evidence - Grant of - Accused person initially declined to adduce evidence - Subsequently, before argument was heard, filed an application seeking opportunity to adduce defence evidence - Held, as argument was not heard, granting of an opportunity, directing to complete..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complainant by LRs of deceased payee - Cheque was issued in the name of deceased after one month of his death - None of the applicants named as payee of cheque - Nothing on record on the basis of which it can be said that applicants were holder in due course - Held, unless applicants were..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Complaint filed within seven days of issuance of notice - Complainant can file complaint only when accused fails to pay within fifteen days of receipt of notice - S.138(c) of the Act is offended - Prosecution of petitioner untenable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof of - In addition to the insufficiency of funds, to return the cheque, bank had stated that the `signature differ' - Execution is also in dispute - Opportunity to cross-examine complainant was not given to accused - Held, prejudice was caused to the revision petitioner because of denial of..........
