Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Want of presence of complainant - Held, in cases arising out of S.138 of the Negotiable Instruments Act, where presence of any of the accused is dispensed with during trial, presence of complainant also has to be dispensed with liberally and his complaint..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise after conviction - Order of conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise after conviction - Table appended to S.320 Cr.P.C. is not attracted to offences under Negotiable Instruments Act - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of company and 13 directors - Averments in complaint that Directors are in-charge and responsible to the Company for the conduct of its business and all of them are running and looking after the business of the Company jointly - Held, averments are sufficient to proceed..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Accused based in Orissa - Personal appearance during trial exempted...........
Negotiable Instruments Act, 1881, Section 139 -- Dishonour of cheque - Presumption - Available only when it is proved that cheque was issued for discharge of any legally enforceable debt or liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - It is to the extent that cheque was drawn for discharge in full or in part of any debt or other liability - Said presumption do not relate to the existence of legally enforceable debt or liability...........
Negotiable Instruments Act, 1881, Section 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - As per S.118(a) and (b) consideration is supposed to have been received on the date of the cheque - However, if loan is taken on a particular day and for the discharge of the same, on a later date the loanee issued the cheque, the presumption u/s 118(a) stands rebutted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued against loan - Lending of huge amount of Rs.75, 000/- - Complainant not in a financial position to lend such a huge amount and that too without interest - Failure to prove existence of legally enforceable debt - There is no question of drawing presumption u/s 139 of the Act -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Certain documents sought to be produced and proved which were contrary to the earlier stand of the complainant - Order rejecting application, upheld...........
