Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque was given by accused to complainant for collateral security not as discharge of any debt or other liability - Conviction and sentence rightly set aside...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signatures admitted - Plea of misuse of blank cheques - Bald assertion of misuse of blank cheques, in the absence of cogent rebuttal, cannot be accepted - Accused failed to rebut presumption u/s 139 of the Act - Accused rightly convicted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendment to add name of applicant No.3 in the cause title without any amendment in body of complaint - Name of applicant No.3 was not mentioned in cause title though there were specific averments against him also - Since no prejudice was caused therefore there was no illegality..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Specific averments in complaint regarding responsibility of both the accused in firm - There were sufficient grounds to proceed against accused at the stage and order was passed u/s 204 Cr.P.C - No interference warranted by exercising jurisdiction to quash the proceedings at..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Matter was already at the stage of cross-examination of complainant - Necessary affidavit was produced on record - Documents were exhibited and part of cross-examination was taken - Trial Court rather than dismissing..........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Complaint decided on the basis of evidence recorded by predecessor Magistrate wherein entire memorandum of evidence of witnesses was recorded and not the substance of evidence - However, there was no order that matter would be tried as a summons case or as a regular trial - Does not vitiate the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Unilateral putting of date on cheque by complainant without authority of accused and even by not informing him - Amounts to material alterations and such cheque becomes void - Prosecution u/s 138 of the Act cannot be initiated...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Cheque issued by Trust - Complaint against General Secretary of Trust and President of Trust without arraigning Trust as an accused in the complaint - Complaint is not maintainable without arraigning Trust as an accused in complaint - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant is not required to spell out in the complaint the nature of transaction or source of fund, as onus is on the accused to prove that cheque was not issued towards discharge of any debt or other liability...........
Negotiable Instruments Act, 1881, Section 138, Income Tax Act, 1961, Section 269(SS) -- Dishonour of cheque - Advancing loan to accused of more than Rs.20,000 in cash - Contravention of S.269(SS) of Income Tax Act does not make alleged transaction void...........
