Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 378(4) -- Dishonour of cheque - Dismissal of complaint in default - Said dismissal amount to acquittal of accused, and therefore, appeal and not revision lies u/s 378(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Self cheque - Word `or bearer' not scored off - It is thus a bearer cheque - Possessor of such a cheque for consideration can be termed as a holder in due course...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Overwriting of a digit in the amount entered in figures - It is material alteration only when there is corresponding correction in amount written in words - When there is no corresponding correction or alteration in the amount entered in words it cannot be considered as a material alteration...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Debt or legal liability - Presumption - Evidence on record established that accused was under an obligation or liability to make payment of cheque amount - However, accused failed to make payment of said amount despite service of demand notice - Accused tried to prove no, existence of any debt or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Chit fund business - Settlement letter - Letter formation in the signatures quite different from that in the body of the document itself - Moreover complainant did not even aver with regard to the execution of settlement letter - Legal presumption with regard to existence of a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account closed - Law as to - (a) Cheque issued of an account which was already closed; (b) Bank account closed after issuance of cheque; (c) Bank account closed by Bank without knowledge of account holder (for example treating the account as a non performing account) - (aa) When cheque is issued..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint filed u/s 420 IPC - Magistrate forwarded complaint to police for investigation u/s 156(3) Cr.P.C. - Complainant pleaded all necessary averments and allegations to invite an offence u/s 138 NI Act - Trial Court..........
Negotiable Instruments Act, 1881, Section 138, 142, 142A -- Dishonour of cheque - Jurisdiction - Constitutional validity of amended provision conferring jurisdiction at place where cheque is delivered for collection through an account where payee and holder maintain his account - Amendment does not take away fundamental right of accused, as he still has a right to defend..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - With direction to deposit 30% of cheque amount - Condition not harsh - However, at the most petitioner may be entitled to some instalments for making such payment so as to make him convenient to deposit such..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Complainant is required to establish case beyond reasonable doubt and accused can discharge its burden by preponderance of probabilities - This can only be done on basis of cross examination of witness of complainant and any other material available on record - It is not..........
