Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Under Ss.118, 139 of the Act a holder of cheque is a holder in due course unless properly rebutted by accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Merely because complainant did not examine listed witness in support of his contention about taking of loan by accused, the same cannot be discarded as a doubtful...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-responding to notice by accused - Not sufficient to initiate prosecution...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Appeal against Acquittal - Presumption carried under statute in respect of cheque stood rebutted by vital admissions suffered by complainant as at the time of advancement of alleged loan currency notes of denomination of Rs.2000/- were not in existence - Since liability alleged by complainant is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-impleadment of Sole proprietary - Accused running a Sole proprietary concern - It was neither a partnership firm nor a company nor any other association of persons - Provision of S.141 of the Act thus, not applicable - Complaint lodged against accused in his capacity as sole proprietor of Sole..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401, 394 -- Dishonour of cheque - Conviction - Appeal also dismissed - Revision - Death of accused during pendency of revision - Revision does not abate - Court can pass appropriate orders with regard to sentence of fine...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Appeal also dismissed - Death of accused during pendency of revision - Son also expired - Grandson survived - Liability will be upon him without his fault - Sentence imposed set aside - Fine imposed confirmed - Applicant shall pay Rs.18,875/- as compensation to complainant...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Accused deposited the compounding fee - Conviction set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Accused may adduce evidence to rebut the presumption - But, bare denial of passing of consideration and existence of debt, apparently would not serve the purpose of accused...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 406 -- Dishonour of cheque - Cheque drawn by co-accused and not applicant - Applicant has nothing to do with the business transactions in which alleged amount of Rs.2.50 lakhs was paid by complainant in order to establish business of her son - Order of summoning of applicant is erroneous -..........
