Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 62, 63, 64, 65 -- Dishonour of cheque - Service of summons - Can be effected through registered post/speed post or by courier - Court can declare served in case there is refusal to receive summons - Court can take coercive measures for entering appearance of accused - Service by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Many accused - Some not appearing - The whole purpose of summary trial shall stand defeated if accused who are served are asked to come to Court repeatedly till the other accused are served - Plea of accused to be recorded on the day of his appearance and if that accused gets his plea recorded, he is at..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Procedure of summary trial enable the respondent to lead defence evidence by way of affidavit and documents - An accused who considers that he has a tenable defence and case against him is not maintainable, can enter his plea on the very first day of his appearance and file an affidavit in his..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Court should inform accused that in case he wants to make the payment of the cheque amount, he should either in person or through his counsel or representative should send the cheque amount, either in cash or through draft - Case will thus come to an end...........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Summary trial - Procedures to be followed - (1) On the day complaint is presented, if the complaint is accompanied by affidavit of complainant, Court shall scrutinize the complaint & documents and if commission of offence is made out, take cognizance & direct issuance of summons of accused,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 428 -- Dishonour of cheque - Accused convicted and sentenced to one year RI and to pay a fine of Rs.2 lakhs - Accused undergoing sentence in another case for an offence u/s 138 of NI Act - Substantive sentence of one year reduced to already undergone but default sentence due to non..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - No dispute regarding signatures of accused on the cheque - It is for the accused to prove that the cheque was not issued for the discharge of any legally enforceable debt - Accused has to prove either by leading evidence or from the evidence of the holder of the cheque that cheque was..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Certain discrepancies in the dates with regard to lending money - Complainant examined after four years of lending - Not a circumstances to rebut the presumption u/s 139 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent as per registered post, certificate of posting and by courier service - Notice sent by registered post received back with postal endorsement 'addressee left and new address not known' - Held, there is valid compliance of the statutory requirement of issuing notice to the accused...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Admission of signing a blank cheque does not amount to admission of execution of cheque...........
