Banking service -- Home loan - Shifting of home loan - Withholding of title deed of property - The case of the complainant that at the time of sanction of loan three blank cheques were obtained from him by the petitioner - On shifting of loan one of the filled up and which resulted in dishonor - It appears that the petitioner did not reconcile with the shifting of loan..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Transaction took place at Mandi Gobindgarh - Cheque drawn of a Bank at Mandi Gobindgarh - Complainant presenting cheque for collection at Delhi - Cheque dishonoured - Registered/head office of complainant at Delhi - Notice of demand served from Delhi - Held, court at Delhi has..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Power of attorney holder - Complaint - Power of attorney holder of complainant `S', lodged complaint or initiated legal proceedings against accused u/s.138 N.I. Act by a written complaint - He was authorized to do that by complainant - Held, Magistrate has not done anything wrong by permitting..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Power of attorney holder - Complaint - Singing of complaint and Vakalatnama - Complainant has been permitted to continue with proceedings through her constituted attorney holder `S' - Held, there was no necessity of permitting complainant to put her signature on petition of complaint and..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence at pre summoning stage - Complainant can give evidence of his own as well as evidence of his witnesses by way of affidavit - Evidence of complaint on affidavit is not restricted to the complainant himself, but it also includes the evidence by way of affidavit of any other person, as a..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Application for - Rejection of - Validity - Order of rejection was passed on merit and not because petitioners without appearing in Court moved such application - Held, order of rejection liable to be set aside - Order of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Sentence of imprisonment only - Revision against inadequacy of sentence - Revisional Court when finds that sentence is insufficient and the sentence awarded is illegal, then it can award compensation even if there is no alteration of the substantive..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not sent within 15 days of receipt of information from the bank regarding the return of cheque unpaid - It was a mandatory requirement - Conviction recorded by two courts below set aside...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cognizance taken on the basis of affidavits - Plea that order taking cognizance on the basis of affidavits alone is improper and illegal and that it is mandatory to record statement of complainant as well as witnesses before taking cognizance - Held,..........
Civil Procedure Code, 1908, Section 151, Order 37, Rule 3 -- Summary suit on the basis of cheque - Defendant filed affidavit seeking leave to defend - Leave can be given only if affidavit discloses some triable issue - Defendant admitted execution of cheque, but taking plea that same was given as security - Plea not substantiated by any evidence - Ledger books of plaintiff..........
