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SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Death of accused - Legal heirs have right to challenge conviction of their predecessor for the purpose that he was not guilty of any offence - Legal heirs in such a case are neither liable to pay fine or to undergo imprisonment...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Quashing of complaint - Cheque presented and dishonoured - Cheque again presented after its validity period of six months - Cheque became invalid - Entire proceedings vitiated - Proceedings quashed...........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Part payment made - Same does not wash away the offence, for which cause of action had already arisen - Such part payment may be taken into consideration at the time of imposing sentence...........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Quashing of proceedings - Trial at the final phase of arguments - Not proper to delve into disputed question of fact - Application dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
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...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
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 four cases on one..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
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...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
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...........

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