Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Payee and holder in due course of the cheque is not complainant - Primary mandatory requirement of S.138 of the Act not fulfilled by complainant - Therefore, initiation of complaint itself is not in accordance with law - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proclaimed offender - Accused is a student and was helping his father in his family business and also he was pursuing his study, he was not at home and therefore, he could not be served and further that summons issued to him have not been received by him and anyone else in his family and neither he had..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Admittedly, presumption is available in favour of a holder of a cheque with regard to existence of a legally recoverable debt, however, same is a rebuttable presumption and standard of proof for rebuttal is preponderance of probabilities - In the instant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Three complaints - Common order - Complaint under S.25(1) r/w S.26 of Payment & Systems Act and Ss.138 r/w Ss.148, 141 & 142 Negotiable Instruments Act - No common order could have been passed in the three complaints where parties to the case differ and where it was incumbent of the trial Court to..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent by speed post - Notice not received back - Notice is deemed to be served at best within a period of thirty days from the date of issuance thereof - In the instant case notice issued on 18.12.2017 - Notice is deemed to be sufficiently served upto..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Neither signatures on cheques nor issuance of cheques disputed - Enabling transaction indicate that there was payment of advance amount by complainant to accused and said sale agreement came to be cancelled and accused issued cheques and same got dishonoured - Accused has not..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Apparently there is no reason to disbelieve case of complainant - Explanation offered by accused on other hand is not founded on proof and it does not stand to reason - Accused could have availed opportunity by accepting demand notice instead of repeatedly avoiding its service -..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance and issuing summons - Quashing of order - Offence by company - Cheques were issued in favour of complainant whose payment were stopped - Admittedly, notices were sent which were deemed to have been served and amount involved in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 138 -- Dishonour of cheque - Quashing of summoning order - It is for accused to establish in trial that cheque in question was not given towards discharge of any debt or liability - No illegality in impugned order - Order cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Both trial Court and appellate Court rightly held that burden was on accused to disprove initial presumption u/ss. 118, 139 of the Act - Burden is not discharged rightly - Conviction upheld - Considering the age of accused, sentence modified to one of fine...........
