Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - If Magistrate holds an inquiry himself, it is not compulsory that he should examine witnesses and in suitable cases Magistrate can examine documents to be satisfied that there are sufficient grounds for proceeding u/s 202 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202(2) -- Dishonour of cheque - Examination of witnesses on oath - S.202(2) Cr.P.C is inapplicable to complaint u/s 138 of N.I Act in respect of examination of witnesses on oath...........
Negotiable Instruments Act, 1881, Section 138, 145(1) -- Dishonour of cheque - Evidence of complainant by way of affidavit - There is no reason for insisting on evidence of witnesses to be taken on oath...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A cheque given as a gift and not for the satisfaction of a debt or other liability, would not attract the legal consequences of the provision in the event of its being returned for insufficiency of funds...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Legally enforceable debt - Whether there is outstanding debt at the time of drawing of cheque or includes drawing of a cheque for a debt that is incurred before the cheque is encashed - Once payment becomes due, complainant is entitled in law to present the cheque for payment - Merely..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Managing Director or a Director - It has to be determined if conditions in S.141 of the Act have been fulfilled i.e. whether the individual was in-charge of and responsible for the affairs of the company during the commission of the offence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint for non-prosecution - As per complainant, amount involved in the case is huge and complainant has good case on merits - Complainant submits that if complaint is not restored, complainant will be put to immense hardship and the same will lead to miscarriage of justice - Order of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount of compensation stands received by complainant - Complainant has no objection in compounding the offence - Conviction and sentence set aside - However, since complainant was unnecessarily dragged to institute legal proceedings against accused that too for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - There is nothing on record as to how complainant was having the balance of this amount - Even, there is nothing on record regarding books of accounts - Courts below rightly acquitted accused from the charge u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Is rebuttable presumption and onus is on accused to raise probable defence - Standard of proof for rebutting presumption is that of preponderance of probabilities - In instant case, accused has succeeded in rebutting presumption, showing preponderance of probability..........
