Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Case fixed for accused appearance - Complainant bonafide is established from the fact that its representative had been appearing on each and every date of hearing earlier - Only due to noting of wrong date..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Multiple presentation of cheque - Prosecution based on second or successive dishonour of cheque is permissible, so long as cheque is valid and satisfies the requirements stipulated in S.138 Proviso of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Where cheque as well as signature are accepted by accused, presumption u/s 139 of Act would operate - Burden is on accused to disprove the cheque or existence of any legally recoverable debt or liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Plea that cheque was given in 1999 as security to a loan and that loan was repaid but complainant did not return the security cheque and further that it is the same cheque which complainant had used to implicate the accused - However, cheque was dishonoured..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Complaint u/s 138 of the Act - Once affidavit u/s 145(1) of the Act, has been filed, case reaches the stage of S.145(2) of the Act and in such cases complaint cannot be returned for want of jurisdiction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Revision against conviction - Accused convicted and sentenced to undergo R.I. for period of 6 months and compensation of Rs.2,30,000/- and in default of payment of compensation to further undergo R.I. for one month - Since entire payment of cheque has been..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 177, 182, 184, 220(1) -- Dishonour of cheque - Jurisdiction - Issuance of three cheques for repayment of loan - Two cheques payable at place `G' and one cheque payable at place `D' - All the cheques dishonoured - Complaint regarding dishonour of all the three cheques filed at place `G' -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of three cheques for repayment of loan - All the three cheques related to one transaction - The moment all the three cheques were dishonoured the offence will be deemed to have been committed jointly for all the three dishonoured cheques...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204 -- Dishonour of cheque - Summoning order - Revision against - Held, revision is maintainable...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Cheating - Complaint u/s 138 of the Act and separate complaint against accused u/s 420 IPC - Maintainability - Ingredients of offence punishable u/s 138 of the Act and S.420 IPC are completely different and in case where prosecution fails u/s 138 of the Act, accused..........
