Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254(2) -- Cheque - Request to send the cheque to handwriting expert for examination - Every such request not to be allowed - It is for the trial Court to alertly consider the acceptability of such request and ensure that the cheque is forwarded to the expert only if satisfactory reasons..........
Negotiable Instruments Act, 1881, Section 138 -- Cheque issued after closure of account - Cheque dishonoured - Offence stands committed even if cheque is issued after closure of account because amount of money standing to credit of 'that account' would be 'nil' at the relevant time apart from it being closed...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Preliminary evidence - Permissible by way of affidavit - Unless the case falls within `just exception' contemplated u/s 145 of N.I. Act, Court must receive affidavits as evidence at the stage of S.200 Cr.P.C. and should not insist on personal appearance..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 2(g) -- Dishonour of cheque - Preliminary evidence - Proceedings before Magistrate u/s 200 Cr.P.C. is an inquiry u/s 2(g) of the Code...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, Evidence Act, 1872, Section 3 -- Dishonour of cheque - Preliminary evidence - Statement of a complainant u/s 200 Cr.P.C. is evidence - Any statement which Court permits or requires to be made before it by witnesses, whether such statement be tested by a cross examination or not, will..........
Negotiable Instruments Act, 1881, Section 138 -- Six cheques - Joint trial - If cheques were issued as part of the same transaction then all the cases can be jointly tried...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Cheque amount paid and complainant received the same - It shall be taken that parties have compounded the offence - With the amendment introduced in S.147 of the Act, every offence punishable under the Act is compoundable...........
Negotiable Instruments Act, 1881, Section 138 -- Security - Loan taken - Agreement executed to repay loan within six months and cheque issued as security to be encashed in case of failure to pay loan amount - Loan not paid - Cheque which had been issued as security transforms itself into a cheque representing liability in terms of agreement - Accused is guilty of offence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 309(1) -- Additional evidence at appellate stage - When despite grant of time for defence evidence, the accused fails to avail of the opportunity of leading defence evidence, he cannot complain that he was not given reasonable or proper opportunity - Proper and reasonable opportunity..........
Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) - 'Within thirty days' - Means information received from the bank where cheque is presented for collection and not from information sent by drawer's bank to payee's bank...........
