Negotiable Instruments Act, 1881, Section 138, 139 - - Dishonour of cheque - Conviction - Validity - Issuance of cheques by petitioner and the same having been stopped payment by him is not in dispute - Legal notice that was issued by respondent/complainant was also, admittedly, received by petitioner - He neither replied the same nor controverted - Held, presumption of..........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Summons case or warrant case - Proviso to S.143 enables trial Magistrate if he considers the case punishable with sentence of imprisonment for a term exceeding one year, Magistrate may proceed to examine/recall witnesses and hear the case accordingly, either by following the procedure for summons..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500 -- Defamation - Issuance of process - Validity - Complainant pleaded that averments contained in complaint filed by present petitioners against him u/s.138 of NI Act are libelous - Process issued against present petitioners - Challenge to - Held, filing of a case is a publication, however,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Two cheques for a sum of Rs.50,000/- and 30,000/- were dishonoured - Rs.50,000/- was paid in cash which complainant has acknowledged - According to applicant, a sum of Rs.30,000/- was also paid in cash and an endorsement to this..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - All essential ingredients constituting an offence u/s.138 of NI Act are existing in petition of complaint - It can not possibly be said that no prima facie case is made out against petitioner - Specific plea taken by petitioner that disputed cheques were..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan Transaction - Criminal complaint u/s 138 of the Act - Maintainability - Contention that transaction being loan transaction, remedy to recover sum of disputed cheque by way of civil suit available to complainant - Held, apparently impugned transaction being transaction of cheque squarely covered..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Two partners - Death of both the partners - Constitution of new firm consisting of son of deceased partner and his mother - Held, new firm is not liable u/s 138 of the Act - Plea regarding new firm inheriting assets and liabilities of the erstwhile firm is foreign to the criminal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Part of cause of action - Held, if complainant calls upon accused to make payment at place mentioned in demand notice and accused fails to make payment at that place, part of cause of action would undoubtedly arise at that place - Thus, court in whose territorial jurisdiction accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Burden of proof - Trial court dismissed the complaint by relying upon statement of complainant that he had given cash to accused and thereafter accused gave him a cheque in order to guarantee - Held, here guarantee has been used in a very loose manner by revisionist/complainant - It certainly does not..........
Negotiable Instruments Act, 1881, Section 138 -..........
