Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When once signature on cheque is admitted, presumption u/ss 139, 118 of the Act comes into play and such presumption has not been rebutted by any legally tenable defence - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque was presented at a point in time subsequent to proceedings - Would not in anyway affect legal liability that flows from issuance of cheque - In fact, cheque may have been post-dated cheque and that would not in any way affect validity of negotiable instrument...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Complainant and accused have arrived at a compromise by filing application u/s 147 of the Act r/w S.320 Cr.P.C. - Therefore, it is deemed appropriate to state that when matter has ended in compromise, it is not proper for continuity of appeal and even at the stage of admission -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant enjoys presumption available to him u/s 118 & 139 of the Act as per issuance of cheque and signature found on the cheque - In order to rebut presumption, in evidence of accused there is no cogent and convincing evidence on record to rebut presumption available to complainant - Trial Court..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint on ground of non service of statutory notice - As per complainant address of accused is correct and that they have received notice sent to them in other cases - Magistrate ought not to have dismissed complaints at threshold - It could have been decided after recording evidence as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Statement of accused clearly reveals that he has not denied issuance of cheque and his signature thereupon, rather, his simple defence is that cheque in question was issued to one `R', his son-in-law, who was to further hand over cheque to someone from whom he had taken Rs.25,000/- - There..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Complainant has not filed any relevant documents to establish that at the time of transaction he was having financial capacity to advance loan to accused - Even, no separate agreement is executed regarding loan..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Age of accused is 61 years and out of seven cheques which were issued, six cheques were honoured and only one cheque amounting to Rs.35,000/- had bounced - Accused had already remained in custody for a period of more than 01 month out of his sentence for six months and about 21 years has..........
Negotiable Instruments Act, 1881, Section 143A -- Dishonour of cheque - Interim compensation - Provision of S.143-A of the Act is discretionary and not mandatory...........
Negotiable Instruments Act, 1881, Section 143A -- Dishonour of cheque - Interim compensation - Grant of - Not mandatory - Court can grant interim compensation on the following parameters viz. (i) Discretion to be exercised in a thoughtful and sagacious manner; (ii) Order so passed to be on worthy reasons as to (a) on account of deliberate delays, being made by the accused,..........
