Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - While dismissing complaint, trial Court held that ink used to fill up the cheque is different and witness could not tell as to who had filled up the cheque - Held, Magistrate has taken a reasonable and probable view on appreciation of evidence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant alleges that accused took a loan of Rs.5 lacs for a period of 7 years - However, accused contended that averments made in complaint that loan had been taken for a period of 7 years is nothing but to make out a case so as to bring the case within period of limitation and..........
Negotiable Instruments Act, 1881, Section 138(c), 142(1)(b) -- Dishonour of cheque - Notice - Actual date of service of notice - Complainant is not required to establish precise date of service of notice - Only obligation of complainant is to establish that he has waited for 15 days from the date of service of notice and has filed the complaint within 30 days thereafter...........
Negotiable Instruments Act, 1881, Section 138(c), 142(1)(b) -- Dishonour of cheque - Notice - Non-mentioning of actual date of service of notice - If date of actual service of notice is not clearly discernible from acknowledgement card, that cannot prejudice complainant, since that is not due to default of complainant - That by itself cannot lead to dismissal of complaint..........
Negotiable Instruments Act, 1881, Section 138(c), 142(1)(b) -- Dishonour of cheque - Notice - Notice was served on accused on 10.3.2005 as specifically pleaded in complaint - Acknowledgement card bearing said date was produced along with complaint - Said date is not challenged in cross-examination of complainant - In the light of presumption u/s 27 of General Clauses Act,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Loan transaction - Discrepancies regarding dates of loan transaction - Accused having monthly income of Rs.4671/- and loan of Rs.2.50 lakhs was sanctioned with equated monthly instalments of R.5160/- which was much more than his entire monthly earnings - Loan was sanctioned..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Loan transaction - Discrepancies regarding dates of loan transaction - Accused having monthly income of Rs.4671/- and loan of Rs.2.50 lakhs was sanctioned with equated monthly instalments of R.5160/- which was much more than his entire monthly earnings - Loan was sanctioned..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence on deposit of 20% of compensation ordered by trial Court - Accused had to mentioned in application any special reasons for exempting her from making deposit of amount u/s 148(1) of the Act - It was only mentioned that cause of action for filing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant failed to prove that he had so much money advanced to accused - It was complainant who introduced accused while opening his account with bank from which cheque in question was issued - Plea of accused that at the time of opening of account, cheque book was retained by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - A demand for payment of amount of cheque by giving a notice in writing is sine qua non for filing a complaint for offence u/s 138 of the Act...........
