Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Complaint filed against accused as proprietor of firm, whereas cheque was issued by partnership firm and partnership firm not arraigned as an accused - Non impleadment of firm is a curable defect - Effective trial not yet commenced - Complainant permitted to file an application..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Cheque issued pursuant to a compromise arrived at in a dispute regarding agreement which is hit by S.23 of Contract Act, would not be considered as a legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere non filing of income tax return or non mentioning of transactions in income tax returns would not automatically dislodge case of complainant u/s 138 of the Act...........
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 -- Dishonour of cheque - Accused admitted the signed undertaking by him - Fact which was admitted by him need not to be proved by complainant during course of trial - Moreover, there was sufficient evidence to show that legal notice was duly served on petitioner - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence u/s 138 of the Act can be compounded at any stage of proceedings especially when parties have themselves arrived at a voluntary compromise...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Complainant arrived at a compromise with appellant without any coercion and at his own will and voluntarily - Once complainant has signed compromise deed accepting the amount in full and final settlement of default sum, proceedings u/s 138 of the NI Act cannot be sustained..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Mere denial of case of complainant is not sufficient to shift burden on complainant...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused failed to rebut the presumption u/s 139 of the Act - Complainant on the other hand has succeeded in establishing that cheque was issued by accused in discharge of a legally enforceable debt - Registered notice sent to accused was returned as unclaimed - Endorsement in notice..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that interest claimed by complainant was excessive and in violation of Kerala Money Lenders Act and therefore it was an illegal transaction and for that reason, cheque cannot be treated as a cheque issued in discharge of a legally enforceable debt etc. - Plea rejected, as non banking financial..........
