Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - It is not enough for accused to merely state that cheques in question were given as security particularly when he has admitted his liability and quantified same and also undertaken to make payment thereof...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Complaint by power of attorney holder - PW1 attorney specifically deposed that he could not say as to whether he had shown any liability which was recoverable from accused - Transaction between parties was not proved and therefore legally enforceable debt was also not proved - Moreover,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Complainant a commission agent advancing loan to a farmer accused - Accused issued a cheque and same dishonoured - It is a matter of very common knowledge that Commission agents use to obtain such blank/undated cheques from farmers as security in good faith, not in lieu of any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Blank cheque handed over to complainant as a security cheque and was not meant for enforcement of a debt - Complaint of this nature cannot be construed and brought within the gamut attracting provision of S.138 of the Act - Acquittal, upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as collateral security - Held, collateral security cannot be executed or enforced by way of filing a criminal proceedings u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of summons - Plea that cheques were given as security and not in discharge of any legal liability - Held, since defence of petitioners was not before Court at the time of issuing of summons as such Court had no occasion to look into same..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Inherent powers - Exercise of - Held, while exercising jurisdiction u/Art.226 of Constitution of India or u/s.482 Cr.P.C. High Court will not enter into disputed questions of facts to find out as to whether cheque was issued as security cheque or was not..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Earlier cheque as well as new cheque, both were blank, signed and undated - Instead of returning old cheque, complainant filled up the amount and date in cheque, deposited the same in bank, where the same was dishonoured - Both the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued towards repayment of loan - No document or other material brought on record to prove loan transaction - Date of demand of loan and giving of loan not stated in the complaint - Cheque was presented for encashment on the same date when it was issued - If the cheque was issued towards..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Held, wherever a cheque is given purely as a security its dishonour would not make drawer of cheque criminally liable for an offence u/s.138 of the Act...........
