Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 462 -- Dishonour of cheque - Jurisdiction - The issue of territorial jurisdiction if not raised during trial will not vitiate the finding, sentence or order on this count unless the accused is able to show that it has occasioned a failure of justice or that prejudice has been caused to..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed beyond limitation - It is incumbent upon complainant to file complaint petition within one month from the date on which cause of action arose - Court below took cognizance in violation of provision of S.142 of NI Act - Order taking cognizance quashed...........
Negotiable Instruments Act, 1881, Section 138, 3, 72 -- Dishonour of cheque - Expression "presentation of the cheque to the bank" used in S.138 - Held, it refers to only drawee bank - Payee's bank has no relevance for the purpose of constituting an offence u/s 138 of the NI Act - What is required under the section is dishonour of cheque by drawee bank - Payee's bank rather..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Nothing in complaint that respondent was responsible for day to day functioning of firm - Firm not made a party - Other cogent reasons given in support of acquittal - Order calls for no interference...........
Negotiable Instruments Act, 1881, Section 138,87 -- Dishonour of cheque - Alternation in date - It is material alteration - Material alteration renders the instrument void if it is not with consent of both the parties or was made by drawer - No such evidence - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cognizance of offence - Common notice in respect to all cases and cheques allegedly dishonoured are of different amounts and are of different dates - Absence of specific demand under the notice - Held, notice issued by respondent/complainant cannot be treated as a valid notice for the purpose of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Agreement to sell property - Transaction for sale of a site - Agreement shows that complainant had received Rs.2,00,000/- from accused as consideration for selling a site which he did not do - Cheque in possession of complainant was not issued in respect of any debt or legal..........
Negotiable Instruments Act, 1881, Section 138,139, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Presumption - Rebuttal - Cheque issued against loan which was entered in books of account and counter-signed by accused - Books of account not produced - Books of account are material and relevant evidence - Held, withholding of material and relevant evidence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Complainant did not see accused filling up cheque or signing thereon - Signature on cheque in question is seen indecipherable as ink used for signing is seen spread on said instrument - No other witness was examined to prove due execution of cheque or passing of consideration - No..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s.139 - Rebuttal of - Standard of proof - Held, when an accused has to rebut presumption u/s.139 of the Act, standard of proof for doing so is that of "Preponderance of probabilities" - If accused is able to raise a probable defence, which creates doubt about existence of a legally..........
