Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - As per accused, cheque issued as security and misused by complainant and same was not issued for any legally enforceable debt - However, DW not aware of promissory note and handing over of cheque by accused to complainant - Moreover, accused not denied issuance of cheque to complainant -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by company - Default in EMI - Complaint presented cheque in question for same EMI amount which was dishonoured - However, after settlement complainant presented another cheque towards full and final amount towards total outstanding amount which was also got dishonoured - Thus, earlier..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint cannot be quashed by taking recourse to S.482 Cr.P.C when disputed questions of facts are involved which need to be adjudicated after parties adduce evidence...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Once issuance of cheque is admitted/established, presumption would arise u/s 139 of the Act in favour of holder of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Loan of Rs.3 lakhs repaid by cheque - Plea of taking loan of Rs.2 lakhs again - Taking loan of Rs.2 lakhs again neither mentioned in complaint nor in notice and deposition - Accused is to rebut the presumption by preponderance of probability which he is successful to rebut the same by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Cheque amount of Rs.Seven lakhs - Conviction - Sentence of four months simple imprisonment - Accused, a woman already undergone more than one month of sentence - Cheque was issued way back in the year 2013 - Sentence of imprisonment thus, modified to refund of cheque amount of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Accused failed to examine even a single witness even after availing four opportunities - No explanation why he did not lead evidence on said dates - However, in the interest of justice one opportunity given to accused to lead his entire..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of proceedings - Offence by company - Complainant issued sanction letter in respect of term loan facility and sanction letter for rescheduling existing term loan and company executed term loan agreement and other loan related agreements and other accused executed agreement of guarantee and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Acquittal - Leave to appeal - Complainant failed to prove that cheque issued by accused in favour of complainant was for payment of `outstanding dues' - Therefore, offence u/s 138 of the Act is apparently not made out -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 431 -- Dishonour of cheque - Compromise in Lok Adalat - Default in payment - Award of Lok Adalat can be executed as a Civil decree or as per provision of S.431 Cr.P.C. depending on terms contained in the compromise - If there is a term agreed that the complainant can enforce the..........
