Negotiable Instruments Act, 1881

Negotiable Instruments Act, 1881
S.138--Criminal Procedure Code, 1973, S.482--Quashing of Complaint--Dishonour of Cheque--Cheque issued by ‘S’ for payment of instalment of electricity bills dishonoured--Allegation against petitioner that he assured that cheque will be honoured when presented for payment--Offence under Section 138 will be made out only against drawer of cheque--Petitioner being not drawer or signatory of cheque in dispute cannot be held liable for conviction under Section 138--Complaint qua petitioner quashed.; Mukesh Kumar v. Punjab State Electricity Board ; 2010(1) Law Herald (P&H) 807

Negotiable Instruments Act, 1881

S.138--Criminal Procedure Code, 1973, S.482--Quashing of Complaint--Dishonour of Cheque--Cheque issued by ‘S’ for payment of instalment of electricity bills dishonoured--Allegation against petitioner that he assured that cheque will be honoured when presented for payment--Offence under Section 138 will be made out only against drawer of cheque--Petitioner being not drawer or signatory of cheque in dispute cannot be held liable for conviction under Section 138--Complaint qua petitioner quashed.; Mukesh Kumar v. Punjab State Electricity Board ; 2010(1) Law Herald (P&H) 807

Negotiable Instruments Act, 1881

S.138--Criminal Procedure Code, 1973, S.482--Quashing of Complaint--Dishonour of Cheque--Cheque issued by ‘S’ for payment of instalment of electricity bills dishonoured--Allegation against petitioner that he assured that cheque will be honoured when presented for payment--Offence under Section 138 will be made out only against drawer of cheque--Petitioner being not drawer or signatory of cheque in dispute cannot be held liable for conviction under Section 138--Complaint qua petitioner quashed.; Mukesh Kumar v. Punjab State Electricity Board ; 2010(1) Law Herald (P&H) 807

NEGOTIABLE INSTRUMENTS ACT, 1881

S.4--Pronote--Receipt--Suit for recovery--Plaintiff examined marginal witness of receipt and scribe of pronote and receipt who corroborated plaintiff version--DW2 corroborates plaintiffs version that defendant had taken loan of Rs.8000/- and executed pronote and receipt--Finding of fact by Courts below that defendant borrowed Rs.28,000/- from plaintiff and executed impugned pronote and receipt--No interference. ; Bikkar Singh v. Jeet Singh, ; 2010(1) Law Herald (P&H) 748
S.138--Criminal Procedure Code, 1973, S.378(4)--Dishonour of Cheque--Security Cheque--Appeal against acquittal--Leave to file--There was no legal liability at time of issuance of cheque by accused in favour of complainant--Cheque given as security to get sale deed executed--Accused is not liable under provisions of Section 138 of N.I. Act--Trial Court given sound reasons while acquitting accused--No ground made out to grant leave to file an appeal against acquittal.; Satinder Kumar v. Gurvinder Singh, ; 2010(1) Law Herald (P&H) 724

Pronote--Presumption

2010(1) LAW HERALD (P&H) 226
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mrs. Justice Sabina
R.S.A.No. 4292 of 2006 (O&M)
Kartar Singh
v.
Amarjit Singh
{Decided on 06/11/2009}
For the Appellant: Mr. Arun Bansal, Advocate.
For the Respondent: Mr. S.S. Bhinder, Advocate.
Negotiable Instruments Act, 1881--Pronote--Presumption--Suit for recovery based on pronotes and receipt--Once execution of pronote and receipt is proved a presumption arises that same is executed for consideration--View taken by Courts below that pronote and receipt would not be executed for past consideration is without any basis--Suit or plaintiff for recovery decreed. (P 8 & 9)