Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - Drawer if pays cheque bounce amount within statutory period or before complaint is filed against him, then this is the end of his legal liability u/s 138 of the Act - For recovery of other sums which is additionally mentioned in the notice, payee should seek his remedy in a civil..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Complaint against guarantor - Petitioner is neither a Director nor in any manner incharge of or responsible for day to day functioning of Company - Status of petitioner being a guarantor can at best create a civil liability against him as regards complainant - However, same in..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signatures on cheque admitted - Presumption u/s 139 of the Act includes presumption that there exists a legally enforceable debt or liability - However, the presumption is rebuttable and it is open to accused to raise a defence wherein the existence of a legally enforceable debt or..........
Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of cheque - Offence by Company - Vicarious liability in criminal law in terms of S.141 of the Act, cannot be fastened because of civil liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Once parties voluntarily enter into an agreement and agree to abide by the consequences of non-compliance of the settlement agreement, they cannot be allowed to reverse the effects of the agreement by pursuing both the original complaint and the subsequent complaint arising from such..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Object of Chapter XVII of the Act is not only punitive but also compensatory and restitutive - Provisions of the Act envision a single window for criminal liability for dishonour cheque as well as civil liability for realisation of the cheque amount - There needs to be a consistent..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Object of Chapter XVII of the Act is not only punitive but also compensatory and restitutive - Provisions of the Act envision a single window for criminal liability for dishonour cheque as well as civil liability for realisation of the cheque amount - There needs to be a consistent..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Liability u/s 138 of the Act is civil in nature and in case the parties have arrived at compromise, same should be accepted to give quietus to litigation...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Debt not to be proved as in a civil suit - Dishonour of cheque carries a statutory presumption of consideration - Holder of cheque in due course is required to prove that cheque was issued by accused and it was dishonoured when presented - Since there is statutory presumption of..........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Application for leading additional evidence allowed - Dishonour of cheque - Complainant is in business of manufacturing and selling vehicles and their spare parts - During process of business, accused issued 20 cheques and same got dishonoured by bank - Evidence sought to be..........
