Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Loan of Rs.3 lakhs repaid by cheque - Plea of taking loan of Rs.2 lakhs again - Taking loan of Rs.2 lakhs again neither mentioned in complaint nor in notice and deposition - Accused is to rebut the presumption by preponderance of probability which he is successful to rebut the same by..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Limitation to file complaint - Computation of period of limitation - For computing period of limitation u/s 142(b) of the Act, date when cause of action arose would be excluded...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Limitation to file complaint - Complaint filed within one month after excluding day when cause of action arose, it cannot be said that complaint is ex-facie barred by time provided u/s 142(b) of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Date of service of notice from which date cause of action arises i.e date of return memo as per provisions of S.138 of the Act is completely missing in the case - Period of complaint being filed from date of service of notice i.e within one month is also not complied in the case - Main ingredients of..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Return of complaint - Admittedly, complainant has presented cheques before bank at place `A', and in such a case, Judicial Magistrate at place `A' alone will have jurisdiction - But, strangely complainant has presented complaint before Judicial Magistrate at place `AR' by saying that she is having..........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint u/s 138 NI Act and FIR u/s 174-A IPC - Offence by company - Accused shown bonafide cause for non-appearance before trial Court - Service not effected at ordinary place of residence of accused and they were not aware of said fact..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Court does not find any material on record which can be stated to be of sterling and impeccable quality warranting invocation of jurisdiction of Court u/s 482 Cr.P.C at stage of summoning of accused - Moreover, defence as raised by..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint u/s 138 of Negotiable Instruments Act and S.420 IPC - Dismissal of complaint on the ground that complainant is a money lender - Magistrate had not gone into merits of case as to whether necessary ingredients of S.138 of the Act were established or not -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Proof of a document not mentioned in complaint - Normally complainant has to produce the documents at least before the commencement of examination of witnesses - In case there is some omission in that regard, it does not mean that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Proof of a document not mentioned in complaint - In prosecution u/s 138 of the Act, complainant need not mention all facts relating to original transaction in the complaint or notice, as if in a plaint in a suit...........
