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4550a6d284bf-9
Case No. 223/12 Madhav ... vs Alamgeer 1 Of 20 on 22 February, 2014
11. WHETHER THE CHEQUE WAS PRESENTED WITHIN THE PERIOD OF VALIDITY Perusal of the record reveals that the cheque in question which is Ex. CW­1/A is dated 19.07.2007 which got dishonored vide cheque returning memo which is Ex. CW­1/B dated 21.07.2007 which is not disputed by the accused clearly shows that the cheque has...
https://indiankanoon.org/doc/187477809/
4550a6d284bf-10
Case No. 223/12 Madhav ... vs Alamgeer 1 Of 20 on 22 February, 2014
13. SERVICE OF LEGAL NOTICE OF DEMAND UPON THE ACCUSED In the instant case, Satish Kumar Garg who has appeared as complainant's witness has specifically stated in his examination in Case No. 223/12 Madhav Co­operative Vs Alamgeer 11 of 20 chief that the complainant got issued the legal notice of demand dated 13.08.2007...
https://indiankanoon.org/doc/187477809/
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Case No. 223/12 Madhav ... vs Alamgeer 1 Of 20 on 22 February, 2014
Before deciding this issue let us go through the relevant provisions of law. Section 46 of the Negotiable Instruments Act speaks of the delivery, it reads as follows:­ "The making, acceptance or endorsement of a promisory notice, bill of exchange or cheque is completed by delivery, actual or constructive." Section ...
https://indiankanoon.org/doc/187477809/
4550a6d284bf-12
Case No. 223/12 Madhav ... vs Alamgeer 1 Of 20 on 22 February, 2014
To rebut the presumption of section 139 of NI Act and section 118 (b) of NI Act, the sole ground of defence taken by the Ld counsel for accused is that the cheque in question was given to the complainant as blank signed cheque by way of security prior to the sanctioning of loan and that the cheque in question was issue...
https://indiankanoon.org/doc/187477809/
4550a6d284bf-13
Case No. 223/12 Madhav ... vs Alamgeer 1 Of 20 on 22 February, 2014
To support this contention, the accused has failed to bring anything on record. DW2 Shama Begum, who is the wife of the accused has also stated in her examination of chief that the accused gave the cheque of ICICI Bank to the complainant for loan. A Security cheque if issued for any debt payable in presenti but such pa...
https://indiankanoon.org/doc/187477809/
4550a6d284bf-14
Case No. 223/12 Madhav ... vs Alamgeer 1 Of 20 on 22 February, 2014
21. The difference in the two kinds of post­dated cheques would be that the cheque issued under first circumstance would be for a debt due, only payable being postponed. The latter cheque would be by way of a security. 22. The word 'due' means 'outstanding at the relevant date'. The debt has to be in existence Case ...
https://indiankanoon.org/doc/187477809/
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Case No. 223/12 Madhav ... vs Alamgeer 1 Of 20 on 22 February, 2014
"Once issuance of the cheque been admitted or stands proved, a presumption arises in favour of the holder of the cheque that he had received the cheque of the nature referred to under Section 138 of the Act for the discharge, in whole or in part of any debt or any other liability. This presumption arises in favour of t...
https://indiankanoon.org/doc/187477809/
4550a6d284bf-16
Case No. 223/12 Madhav ... vs Alamgeer 1 Of 20 on 22 February, 2014
16.In view of the aforesaid discussion, I am of the considered Case No. 223/12 Madhav Co­operative Vs Alamgeer 19 of 20 opinion that the complainant has sufficiently proved its case against the accused. All the ingredients of Section 138 of Negotiable Instruments Act have been duly proved on record. Accordingly, accuse...
https://indiankanoon.org/doc/187477809/