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NARENDRA KUMAR VYAS
Tulshi Steel Traders Propritor Pushpendra Kesharwani – Appellant
Versus
Purva Construction Propritor – Respondent
JUDGMENT (CAV)
Since common question of law and facts involved in both the cases are one and the same, therefore, they are heard analogously and are being disposed of by this common order.
2. The brief facts of the case are as under:-
a. The details of the case number of the trial Court, cheque number, amount, date of dishonor, date of returning memo, and date of issuance of notice to the accused by the complainant are given in the tabular form as under:-
| Complaint Case No. and ACQA No. | Cheque No. | Amount (in Rs.) | Date of Dishonor of Cheque | Date of Receipt Date of Receipt Memo by the complainant | Date of issuance of notice |
| Complaint Case No. 2242/2017 & ACQA No. 425/2024 | 000275 | 67,640/- | 18.05.2017 | 18.05.2017 | 07.06.2017 |
| Complaint Case No. 2243/2017 & ACQA No. 194/2024 | 000269 | 1,70,600/- | 08.05.2017 | 08.05.2017 | 07.06.2017 |
b. As per details mentioned above the complainant has filed complaint under Section 138 of Negotiable Instruments Act, 1881 (in short “N.I. Act, 1881”) mainly contending that the complainant is doing the busin
Dishonour of cheque – Cheque return memo is not document which is required to be covered under Bankers Book Evidence Act, 1891 – If there is any infirmity in cheques return memo, it does not render e....
The validity of a cheque return memo is not contingent upon having an official mark so long as it adequately indicates dishonour, affirming the presumption under Section 146 of the Negotiable Instrum....
The presumption under Sections 139 and 118 of the Negotiable Instruments Act mandates that once a cheque's signature is established, it is presumed to be issued for a debt, shifting the burden to the....
The main legal point established in this judgment is that a complaint under section 138 of the Negotiable Instrument Act can be supported by an affidavit, and the court can issue process based on the....
The presumption of liability under Section 139 of the Negotiable Instruments Act is robust, shifting the burden to the accused to prove otherwise, which was not achieved in this case.
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