Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once basic ingredients of S.138 of the Act are duly satisfied by complainant, rebuttal of statutory presumption by drawer can only be made during course of trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Payment of cheque amount - Offence u/s 138 of the Act is not attracted where drawer upon service of notice makes payment within prescribed period - Once payment is lawfully tendered and accepted foundational ingredient of "failure to make payment" stands negated...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where drawer of a cheque intentionally appends a different signature on cheque, which does not match with his specimen signature available in bank, offence u/s 138 of the Act would be constituted against drawer...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where a drawer intentionally with a view to prevent honour of cheque, makes overwriting/alterations in cheque, either in amount mentioned in cheque or in the date mentioned therein, without authenticating these overwritings or alterations, offence u/s 138 of the Act would get attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - So long as an act or omission on the part of drawer of cheque is intended to prevent cheque being honoured, dishonour would become an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If cheque is duly signed by drawer and cheque is otherwise valid, it is immaterial that cheque was filled by any other person - Penal provisions of S.138 of the Act would be applicable in such circumstances...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once issuance of cheque as well as signatures have been admitted by accused, presumption u/s 139 of the Act would operate - It is immaterial whether cheque was filled by drawer or any other person other than drawer - If cheque was otherwise valid, penal provisions of S.138 of the Act..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 101 -- Dishonour of cheque - Unclaimed notice - Initial burden is upon complainant that notice was sent - Once that initial burden is discharged and in case drawer of cheque disputes the address shown on unclaimed notice then burden shifts to drawer of cheque to demonstrate that address shown..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Unclaimed notice - Drawer of cheque needs to provide satisfactory and convincing evidence to show that address shown on notice is not his address - Drawer cannot frustrate legal process by not receiving the notice or by shifting residences without informing complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Joint account - Drawer of cheque was solely accused - Dishonour due to instruction by a non-drawer does not satisfy ingredients of S.138 of the Act...........
