Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque on ground of stop payment - Order of cognizance and issuance of process challenged in revision on the ground that the cheque was issued only as a security - Held, at the stage of taking cognizance, Court is look into the materials placed before it by the complainant - The Court taking cognizance is not to..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Limitation - Held, day on which cause of action accrued has to be excluded for reckoning period of limitation for filing complaint u/s 138 of Act...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Accused cannot be permitted to lead his evidence by way of affidavit...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Evidence on affidavits - In the event an application is made by the accused, Court would be obliged to summon the person giving evidence on affidavit without having any discretion in the matter - Witness can be subjected to cross examination as to the facts stated in the affidavit - However,..........
Negotiable Instruments Act, 1881, Section 138, 145(1), 145(2) -- Dishonour of cheque - Documents produced along with the affidavit - Affidavit can contain the formal proof of the enclosed documents - However, if accused raises any objection with regard to the validity or sufficiency of proof of the documents submitted alognwith the affidavit and if the objections are..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Evidence on affidavits - It is not necessary to call the complainant or his witness who has given evidence on affidavit into the witness box for examination-in-chief to get the inadmissible portions in the affidavit excluded from his evidence - In case the complainant's affidavits contain..........
Negotiable Instruments Act, 1881, Section 138, 143, 144, 145, 146, 147 -- Dishonour of cheque - Provisions of Ss.143 to 147 which came into effect from 6.2.2003 apply to the cases which were pending on the date the provisions came into force...........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 296(2) -- Dishonour of cheque - Provisions of S.296(2) Cr.P.C. and S.145(2) Negotiable Instruments Act are not identical - Provision of S.296(2) Cr.P.C. deals with the evidence of a formal nature whereas provision of S.145(2) NI Act all evidences including substantive evidence may..........
Negotiable Instruments Act, 1881, Section 138, 143, 144, 145, 146, 147 -- Dishonour of cheque - Ss.143, 144, 145 & 147 expressly depart from and override the provisions of the Code of Criminal Procedure, the main body of adjective law for criminal trials - The provisions of S.146 similarly depart from the principles of Indian Evidence Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Drawee accepting cheque from drawer on the assurance of third person that cheque will be honoured - Third person cannot be liable - Complaint qua him quashed...........
