Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Non-showing of amount spent by complainant in his income tax return, creates a doubt regarding financial position of complainant and is sufficient to rebut a presumption that cheque was not issued in discharge of a debt or liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Issuance of cheques pursuant to settlement agreement - Two cheques mentioned in agreement does not specifically disclose one for Rs.34,50,000 and another for Rs.35,00,000 and there is no mention with regard to cheque numbers, date and amount in agreement - Trial Court therefore, rightly held that it..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Accused seeking permission to examine herself as his own witness - Case is posted for judgment - Accused sought an opportunity to examine herself and to prove the fact that four cheques were lost and she had to mark `stop payments' instructions to bank - Since..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to - Analysed - (1) High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints u/s 138 of the Act from summary trial to summons trial; (2) Inquiry shall be conducted on receipt of complaints u/s 138 of the Act to arrive at..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 34 -- Anticipatory bail - Cheating - Petitioner joined the investigation only once and thereafter on being called again he has failed to join investigation and absconded - NBWs were issued against petitioner - Petitioner has even issued three cheques to complainant in order to clear..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Disputed questions of fact i.e whether petitioner was Director or Authorized Signatory of accused company or petitioner's employment with accused/company was confined to maintenance of accounts, whether or not cheque in question was..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70(2) -- Dishonour of cheque - Dismissal of complaint in default - Non-bailable warrant issued against accused to secure his presence - However, warrant was not at all executed, nor cancelled and same is in force - Therefore, question of taking further steps and dismissing complaint for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by accused without name of payee which complainant himself filled up and presented in bank for encashment - Cheque amount was payable in terms of a written contingent agreement copy of which is of course not exhibited, in the event of performance of function by artists through one..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to FSL - To determine age of ink and writing of cheque - Accused not denied his signatures on cheque - Even, accused had not taken any plea that writing of cheque was in different ink - Accused could not give any plausible reason for sending cheque in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Compensation in lieu of sentence - Accused handed over two demand drafts of Rs.7,41,000 in favour of complainant as compensation as he offered to pay twice the cheque amount as compensation in lieu of sentence of imprisonment of one year and Rs.9,000 towards cost of proceedings - Complainant..........
