Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint case ordered to be tried as summons case - Quashing of order - Trial Court passed order while advancing plausible reasons - Order of trial Court to try complaint case as summon case held, proper...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Legally enforceable debt - Documents produced by accused in his evidence before trial establishes that he has a business transaction with complainant and he issued cheque in favour of complainant in discharge of his liability - Even, DW1 failed to rebut presumption raised against him..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Cheque in question dishonoured prior to commencement of provision of S.143-A of the Act - S.143-A of the Act has no retrospective operation - Order directing accused to deposit interim compensation of Rs.1 lakh thus, not in accordance with law, hence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise in between parties - Offence u/s 138 of the Act is compoundable, hence, conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Whether or not accused has repaid the entire amount, is a question which can only be decided on basis of evidence led before trial Court - Even, authorized person having due knowledge of factum of transaction of having witnessed the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signature on cheque not denied - There is thus, presumption in favour of complainant - Suggestion that cheque was issued not to the complainant, when denied, needs some corroborating evidence and without that presumption is not rebutted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Question in cross examination that cheque was not issued to complainant - When accused is unable to elicit any favourable answer in the cross examination, then by the mere questions posed in the cross examination, he cannot claim that he has rebutted the presumption...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties settled amicably - Entire amount of compensation stands paid or agreed to be paid to complainant - Complainant had no objection in compounding the offence - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Security cheque also attracts provision of S.138 of the Act - Security cheques is not worthless piece of paper under every circumstances...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Accused did not choose to file any reply to notice - Even if, in complaint, it is stated that work was undertaken by firm owned by accused, notice does not become invalid...........
