Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - No particular form has been prescribed under the Act with respect to a notice u/s 138(b) of the Act except payee or holder in due course should make a demand for payment of amount of money within 30 days from receipt of intimation from bank regarding return of cheque...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Admittedly, cheques issued were blank cheques and they were filled by complainant - Even a blank cheque leaf voluntarily signed and handed over by accused which is towards some payment would attract presumption u/s 139 of the Act..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of additional witnesses by defence - Accused were granted last opportunity to produce their evidence in defence - Defence evidence closed later on - Even, thereafter, one effective opportunity was granted to accused subject to payment of costs -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Complainant already received the amount of cheque and he does not want to pursue proceedings against accused - However, accused has not appeared before Court and has not taken effective steps to compound offence at initial stage - Compounding of offence would be permitted subject to payment..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction u/s 138 of the Act - Payment of compensation - Awarding jail sentence to accused may not be in interest of justice - Payment of compensation u/s 357 Cr.P.C to complainant would be in interest of justice - Directions issued...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant stated that accused borrowed money from him and cheques issued for discharge of debt - Oral evidence adduced by DW1 is not sufficient to prove plea of discharge advanced by him - Accused failed to prove in trial by leading cogent evidence that there was no debt or liability - Burden upon..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Three complaints - Common order - Complaint under S.25(1) r/w S.26 of Payment & Systems Act and Ss.138 r/w Ss.148, 141 & 142 Negotiable Instruments Act - No common order could have been passed in the three complaints where parties to the case differ and where it was incumbent of the trial Court to..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent by speed post - Notice not received back - Notice is deemed to be served at best within a period of thirty days from the date of issuance thereof - In the instant case notice issued on 18.12.2017 - Notice is deemed to be sufficiently served upto..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Neither signatures on cheques nor issuance of cheques disputed - Enabling transaction indicate that there was payment of advance amount by complainant to accused and said sale agreement came to be cancelled and accused issued cheques and same got dishonoured - Accused has not..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance and issuing summons - Quashing of order - Offence by company - Cheques were issued in favour of complainant whose payment were stopped - Admittedly, notices were sent which were deemed to have been served and amount involved in..........
