Negotiable Instruments Act, 1881, Section 138, 9 -- Dishonour of cheque - Holder in due course - Cheques in question were issued by original accused no.1 in favour of accused no.2 - Accused no.2 indorsed those cheques in favour of accused no.3 i.e applicant, who in turn further indorsed the same in favour of complainant for consideration - Complainant being holder in due..........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4 -- Dishonour of cheque - Benefit of probation - Applicability - Statue does not prohibit the applicability of provisions of S.4 of 1958 Act in cases u/s 138 of N.I.Act, as offence is punishable with only 2 years imprisonment - More so, trial Court would have to assign reasons for..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Rebuttable presumption - Once the signature in the cheque has been admitted, complainant shall invoke presumption u/ss.118 & 139 of the Act that the cheque has been issued for discharging legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138, 118, 139, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Presumption - Admittedly signature in the cheque has not been disputed - Cheque has been issued to `R' in another transaction and not to the respondent/complainant - Moreover, it is duty of the accused to prove that the cheque has been issued to..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Police investigation - Complaint u/s 138 of the Act has to be in writing and should be filed and signed by payee or holder in due course as the case may be before concerned Court - There is thus, no scope to refer the case for police investigation or enquiry - Exception engrafted in S.142 of the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 202 -- Dishonour of cheque - Provision of S.202 Cr.P.C. is not mandatory in complaints filed u/s 138 of N.I.Act - Non-compliance of the same thus have no effect upon said complaints...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheques issued towards repayment of loan amount - However, cheques were drawn on account maintained by accused No.3, a proprietorship concern/Hospital - Prima facie material on record shows that applicant and co-accused had applied and..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction u/s 138 of the Act - Compounding of offence - When offence is compoundable and Court while exercising revisional jurisdiction permits parties to compound offence, then judgment of conviction and sentence is liable to be set aside and accused is liable to be acquitted - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Initiation of civil proceedings and filing of complaint u/s 138 of the Act - Does not absolve accused from criminal liability...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 438 -- Complaint u/s 138 NI Act and u/s 420 IPC - Proceedings for recovery also initiated - Since remedy for recovery having been availed against petitioner, he can be granted pre-arrest bail - Pre-arrest bail granted...........
