Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Two cheques - Cheque Dated 30.06.2006 bears the number 371798 whereas second cheque dated 25.07.2006 bears the number 371797 - Accused admitted in the reply notice of issuance of two cheques - Complainant cannot be penalised just because accused put the date 30.06.2006 on the cheque leaf bearing number..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Petitioner Managing Director of accused company and he signed all the cheques which on presentation were dishonored - He is responsible for conduct of business of company - Merely because trial Court allowed some authorized person to appear on behalf of company does not mean..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of three cheques - Cheques issued towards payment of supply of yarn to accused - All the cheques dishonoured even on repeated presentation - After presentation of cheques in first time complainant sent a letter informing accused about dishonour and requesting him to settle the amount - Said letter was marked by..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Four cheques issued on different dates for single debt - There is absolutely no reference to debt in statutory demand notices - In complaint amount of debt is quantified at Rs.3 lakhs, but there is no whisper about date on which debt was incurred -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of two cheques - Modification of sentence - Concurrent findings of three Courts below that cheques were issued by accused for amount due and payable to complainant - No interference warranted in conviction of accused - However, considering facts and circumstances of case and having regard to fact that said two..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan of Rs.75,000/- - Accused known to complainant for more than five years - Accused not explained the circumstances under which two cheques were issued - Failure to obtain promissory note or nay other document at the time of giving loan cannot be said to be fatal - Two cheques carry with them..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Once borrowing of amount by accused from complainant stood proved on record, the same shall be treated as debt and once such debt was taken by accused and he had issued cheques in lieu thereof, it cannot be said that there was no legally enforceable debt or liability as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where cheques are used for a certain contract/agreement and not towards discharge of any debt or any other liability, offence u/s 138 of the Act is not attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant failed to prove on record that cheques issued in discharge of a legally enforceable debt - He himself admitted that cheques in question had been given by accused to him for safe dealing as agreement to sell executed between parties - If cheques are used for a certain contract/agreement and..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Complainant and two accused were shareholders of one company - Complainant wanted to exist from company and offered to sell his shares to accused - MOU executed between parties - Complainant received the amounts only if he surrender share certificates with duly..........
