Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Scope of S.138 of Act would cover cases where ascertained and crystallized debt or other liability exists on the date that cheque is presented, and not only to case where debt or other liability exists on the date on which it was delivered to seller as a post-dated cheque, or as a current cheque with..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt or liability - Cheque issued precisely to secure the debt/liability that may arise under contract on account of accused undertaking the share sale/purchase transactions on credit basis through complainant broker - Cheque in question when presented was in respect of a..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Notice - Refusal - Cause of action to file complaint arises on the day on which payee gets back the returned notice - Payee is not liable to wait for expiry of 15 days from the date of refusal to get the cause of action accrued - However, in case notice is received by drawer, cause of action..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Cause of action - Date of accrual of cause of action varies in accordance with `receipt' or `refusal' of notice as the case may be...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Reduction of sentence - Since the sentence imposed on petitioner is disproportionate with the nature and gravity of offence u/s 138 of the Act, therefore, substantive sentence of S.I for 3 months would stand reduced and modified to S.I for one day till rising of Court and petitioner is given 5..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Hand loan of Rs.95,200/- - Loan amounts creates a doubt - No person would ask for loan of Rs.95,200/- unless there are special reasons for the same - Moreover issuance of two cheques to repay the loan amount also further creates doubt - No material to establish existence of loan liability except..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Though a presumption u/s 139 is in favour of the complainant as to issuance of cheque towards legally recoverable debt, there is no presumption as to the existence of legal liability - It is for complainant to prove and establish that accused was due to pay..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cheque dishonoured issued in terms of settlement in Lok Adalat - Decree Holder need not to be driven to Court for filing a civil or criminal proceedings for the recovery of the amount covered by the cheque - Decree holder is entitled to get the decree for said amount with interest and costs,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Notice - Demand notice is not required to be served upon each and every partner - It is sufficient if notice is served upon the firm...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Accused filed application for compounding of offence - Application opposed by complainant - Held, if complainant disagrees with offer of cheque amount and refuses to compound the offence, Court has no power to mandate complainant to do so - As complainant apart from..........
