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Section 138, Criminal Procedure Code, 1973, Section 482 - Payment already made - Plea of - Same to be proved at the trial - Not a ground for quashing proceedings. (Sri Krishna Bhupathi Vs Chandana Constructions) 2004(2) CIVIL COURT CASES 86 (Karnataka) = 2004(2) CRIMINAL COURT CASES 47 (Karnataka)
Section 138 - Part payment - Post dated cheque issued for Rs.2 lacs - As per agreement drawer paying the amount in instalments - Only small amount remained to be paid - Drawee presenting the cheque which was dishonoured - No offence u/s 138 is made out. (Arvind Manekalal Tailor Vs State of Gujarat) 2001(1) CIVIL COURT CASES 99 (Guj.)
Section 138 - Part payment made - Part payment remained unpaid even after expiry of 15 days from the date of receipt of notice - Accused has committed the offence u/s 138 NI Act. (Thekkan & Co. Vs Anitha) 2004(1) CIVIL COURT CASES 13 (Kerala) = 2004(1) CRIMINAL COURT CASES 65 (Kerala)
Section 138 - Payment of cheque amount after institution of complaint - Does not wipe off the offence. (Jauss Polymers Ltd. & Anr. Vs M/s.Sawhney Brothers) 2003(1) CRIMINAL COURT CASES 323 (Delhi)
Section 138 - Payment of cheque amount during pendency of appeal against conviction - As offence is proved conviction is to be maintained - In view of subsequent development, sentence reduced to period already undergone and fine maintained. (Mahender Singh Vs State of Andhra Pradesh & Anr.) 2001(1) APEX COURT JOURNAL 8(1) (S.C.)
Section 138 - Payments made before the presentation of cheque and before receipt of notice - Nothing precludes a Court from taking into account prior payments made before the presentation of the cheque or before the receipt of notice in deciding whether the amount due under the cheque has been paid. (Thekkan & Co. Vs Anitha) 2004(1) CIVIL COURT CASES 13 (Kerala) = 2004(1) CRIMINAL COURT CASES 65 (Kerala)
Section 138 - Accused making part payment - Right of payee to prosecute the accused under Section 138 is not waived. (Aashirwad Enterprises Vs Sambhar Salts Ltd.) 1997(2) CIVIL COURT CASES 647 (Raj.) : 1997 (3) RCR (CRL.) 0221
Section 138 - Accused pleaded payment - Onus is heavy - Mere entry in the account books cannot be taken as a conclusive proof for the discharge of the onus as the account books are self-serving statements.(Vinay Kumar Jain Vs Narender Prasad) 1997(2) CIVIL COURT CASES 364 (P&H)
Section 138 - Cheque and Bank's memo returned to drawer - Contention of accused that he paid the amount - Trial Court has to consider the effect of return of dishonoured cheque to accused - In the instant case complaint quashed. (Narender Anand Vs M/s Maruti Udyog Ltd.) 1998(1) CIVIL COURT CASES 535 (Delhi) : 1998 (1) RCR (CRL.) 0036 : 1997 (2) CHANDIGARH CRL. CASES 0376 : 1998 CRL. L.J. 0759
Section 138 - Cheque issued - Subsequently complainant agreed to receive the amount in instalments - Dishonour of cheque - Held, no offence is made out under Section 138 of the Act as subsequent agreement replaced the cheque. (Voruganti China Gopaiah Vs M/s Godavari Fert. and Chemicals Ltd.) 1999(2) CIVIL COURT CASES 58 (A.P.) : 1999 - 2001 (SUPP.) ISJ (BANKING) 0201
Section 138 - Cheque issued for Rs.10,000/- towards part payment out of a liability of Rs.44117/- Thereafter draft for Rs.5500/- paid - Cheque presented and dishonoured - Complaint filed - Thereafter cash amount of Rs.5,000/- made - Held, even after the adjustment of these two amounts, still the accused is liable to pay nearly an amount of Rs.34,000/- Hence, as long as there is legally enforceable liability either on the date of issuance of the cheque or on the date of encashment of the cheque, the complainant is entitled to encash the cheque issued by the accused - Order of acquittal passed by Magistrate set aside. (Padmaja Marketing Enterprises Vs V.S.R.Murthy) 1998(2) CIVIL COURT CASES 684 (A.P.) : 1998 ISJ (BANKING) 0412 : 1997 (4) ALL INDIA CRIMINAL LR (A.P.) 0284 : 1998 (3) RCR (CRL.) 0034 : 1997 (4) CRIMES 0106 : 1998 CRL. L.J. 0881 : 1997 (2) ALT (CRL.) 0245 : 1997 (1) ALD (CRL.) 0814 : 1998 (36) BANK LJ 0077 : 1997 (2) LS AP 0020
Section 138 - Offer to make payment - Held, once the offence is committed and merely by making the payment will not put an end to the same - It may effect the gravity of the offence. (Balwinder Singh VS Punjab and Sind Bank) 1998(3) CIVIL COURT CASES 408 (P&H) : 1998 ISJ (BANKING) 0647 : 2000 (1) ALL INDIA CRIMINAL LR (P&H) 0399 : 1999 (4) RCR (CRL.) 0380
Section 138 - Part payment made - Is of no avail to the drawer of the cheque for evading prosecution. (Vandana Jain Vs Chief Judicial Magistrate) 1998(1) CIVIL COURT CASES 476(All.)
Section 138 - Part payment made before cheque presented in bank - Cheque of full amount presented - Cheque dishonoured for insufficient funds - Accused is guilty of offence u/s 138 - It would have been another case if at least accused had an amount which was payable after part payment. (Andhra Engineering Corporation Vs M/s T.C.I. Finance Ltd.) 1999(2) CIVIL COURT CASES 650 (A.P.) : 1999 (3) ALL INDIA CRIMINAL LR (A.P.) 0055 : 1999 (3) RCR (CRL.) 0255 : 1999 (1) ALT (CRL.) 0674
Section 138 - Part payment made - No ground to quash the complaint - Point to be decided at trial. (M/s M.B.Industries Vs Gajanand) 1999(SUPPL.) CIVIL COURT CASES 277 (Cal.) : 1999 - 2001 (SUPP.) ISJ (BANKING) 0710 : 1999 (1) ALL INDIA CRIMINAL LR (CALCUTTA) 0274 : 1999 (2) RCR (CRL.) 0363 : 1999 CCLR 0007
Sections 138, 141 - Payment of Rs.20 lacs after institution of complaint - Complainant not yet admitted the receipt of this amount against the cheque - Prayer of quashment of complaint declined as it is a question of fact. (Krishna Sachdeva Vs Modella Knitwear) 1998(1) CIVIL COURT CASES 597 (P&H) : 1998 ISJ (BANKING) 0025 : 1997 (3) CHANDIGARH CRL. CASES 0230
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