Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Holder of cheque(s), a statutory presumption, is leveraged qua his holding it, in discharge of a legally enforceable debt, or other liabilities, entered into interse him and the complainant - However, afore endeavour is also extremely weak besides, flimsy, given the afore echoing,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Handing over of cheques by way of security per se do not extricate the accused from the discharge of liability arising from such cheques...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of four cheques - Single notice - Consolidation of all the four complaints - There is no provision of consolidation of cases in Cr.P.C. - All four complaints directed to be fixed on one date so that it is convenient to both the parties to attend the hearing of all the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Notice - Question of service of notice - It is a triable issue - Order quashing proceedings set aside...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Admission of signatures - Once signatures admitted in the cheque, there is presumption that cheque was made or drawn for consideration on the date which cheque bears - Such presumption is however rebuttable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Filling of cheque in different handwriting with a different ink - Merely because body of cheque was filled in different handwriting with a different ink, does not oust accused from his legal liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that bank account was already closed - Cheque returned with bank endorsement `insufficient funds' - If account was closed, there was no occasion for Bank to return cheque with said remarks...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320(8) -- Dishonour of cheque - Compromise - Accused and complainant compromised the matter - Complainant received Rs.10 lakhs i.e cheque amount in terms of compromise - Conviction and sentence of accused set aside - Accused acquitted in terms of S.320(8) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Date of cheque drawn - It is drawn with reference to date mentioned in column in cheque and not the date on which it was signed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Existing liability - Provisions of the Act does not lay down that cheque is required to be of existing liability - Word `existing' is not used in the statute...........
