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...........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption u/ss 118(a), 139 of Act can be rebutted (i) through direct evidence of accused; (ii) material on record; and (iii) by reference to circumstances upon which accused relies - Standard of proof is essentially that of preponderance of probabilities and not proof beyond reasonable..........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Legally enforceable debt - Presumption - Complainant failed to prove that cheque in question is towards discharge of existing legal liability, as there is no iota of evidence to prove the alleged transaction of purchase - Several admissions of complainant are fatal to his case as they have..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - It shall be presumed that every negotiable instrument made or drawn is for consideration and that every such instruments, when it has been accepted, endorsed, negotiated or transferred, was accepted, endorsed, negotiated or transferred for consideration, until the contrary is..........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 3, 12 -- Dishonour of cheque - Compromise between parties - Accused is Government employee and has already paid cheque amount - Moreover, he is not a habitual offender - Thus, benefit of Ss.3, 12 of 1958 Act, can be extended to accused so that impugned judgment will not affect his..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Offence by partnership firm - Prosecution launched against only one of the partners of partnership firm, without joining partnership firm - Complaint is not maintainable - Process issued against accused quashed and set aside...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Offence by partnership firm - Unless partnership firm is prosecuted and convicted, partner cannot be convicted with aid of S.141 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Debt or liability - Promissory note executed - Word `security' used in promissory note - It implies that once amount is paid cheque has to be returned - In case amount was not paid then cheque was liable to be presented for otherwise there was no logic or reason for their having been issued and handed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default - Restoration - Dismissal of complaint on account of non appearance will certainly cause miscarriage of justice to the complainant - Ends of justice will be met if complainant is given another chance to put forward his claim - Complaint restored...........
