Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Legally enforceable liability - Accused admitted his liability to repay amount mentioned in Written agreement between parties - There is thus, no escaping fact that it was a legally enforceable liability - Evidence was led before Court pertaining to financial capacity of complainant thereby..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Objection regarding no, filing of documentary evidence in complaint to establish that cheques were dishonoured - Certified copy of cheque return memo on record established that cheque was dishonoured - Moreover, such objection not raised at trial cannot now be heard at appellate stage - Objection..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt or liability - Presumption as to - Accused admitted his legal liability/obligations towards complainant for an amount of Rs.42,70,000 - Three post dated cheques were issued consequent upon execution of agreement between parties, thereby raising presumption u/ss 139, 118 of..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - When notice is sent by registered post, presumption of deemed service u/s 27 of General Clauses Act arises, provided it is proved to be dispatched in correct address of noticee - S.138(b) of the Act does not insist that actual receipt of notice by drawer of cheque must be proved...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - A drawer whose defence denying liability for payment of cheque amount having been found by Court on evidence to be either not proved or improbable, has ordinarily no right to contend that demand notice returned as unclaimed was not sent in his correct address and thus, resist presumption of..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - Where accused denies liability for payment of cheque amount and contests charge u/s 138 of the Act, he may not be justified in seeking rejection of complaint on mere showing demand notice was not dispatched in correct postal address since he is least affected or prejudiced by alleged denial..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Accused did not disputed his signature in cheque except that it was issued as blank to one person - However, defence case was not probabilised in any convincing manner - Even no rebuttal evidence was adduced by accused - Complainant proved that cheque was issued in discharge of a legally enforceable..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Material available on record make out a prima facie case against accused at this stage - There appear to be sufficient ground for proceeding against accused - Pure questions of fact arises in the application which may be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Adjudication of cases - Considering that misuse of cheques causing frivolous litigation and large number of such cases pending before Courts - Supreme Courts has issued direction to RBI to create new proforma that will include `purpose of payment' alongwith other information - Supreme Court also..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of security cheque which was alleged to be misused - No plea that cheque was blank cheque, undated or without indicating any figure - Stand of accused contradictory and seemingly not plausible about the issuance of cheque - Presumption u/s 139 of the Act not rebutted - Accused convicted...........
