Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Object of Chapter XVII of the Act is not only punitive but also compensatory and restitutive - Provisions of the Act envision a single window for criminal liability for dishonour cheque as well as civil liability for realisation of the cheque amount - There needs to be a consistent..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - High Court convicted accused in an appeal against acquittal - Complainant did not ask for compensation before High Court nor he challenged High Court's judgment - As complainant accepted the High Court's verdict, his claim for compensation stands impliedly overturned - Anyhow complainant..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Conviction by High Court - No ground to interfere with the impugned judgment as when signatures are admitted trial Court ought to have presumed that cheque was issued as consideration for a legally enforceable debt but in the instant..........
Negotiable Instruments Act, 1881, Section 138, Constitution of India, 1950, Article 136 -- Dishonour of cheque - High Court convicted accused in an appeal against acquittal - Power of Supreme Court under Article 136 of the Constitution do not encompass re-appreciation of entirety of record merely on the premise that High Court has convicted accused for the first time in..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Plea of issuance of blank cheque and signed blank papers - Statutory presumption cannot be obliterated - Once signatures are admitted then it has to be presumed that cheque was issued as consideration for a legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once signatures on cheque are established, then `reverse onus' clause becomes operative - In such a situation, obligation shifts upon accused to discharge the presumption imposed upon him...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Issuance of blank cheque and signed blank papers - Considering the fact that parties had business relationship, defence raised by accused that there was no legally enforceable liability on the date of issuance of cheque and that blank papers were misused by..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Plea of issuance of blank cheque and signed blank papers - Once signatures are admitted then it has to be presumed that cheque was issued as consideration for a legally enforceable debt - Trial Court fell in error when it called upon complainant to explain the circumstances under..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Object of Chapter XVII of the Act is not only punitive but also compensatory and restitutive - Provisions of the Act envision a single window for criminal liability for dishonour cheque as well as civil liability for realisation of the cheque amount - There needs to be a consistent..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - High Court convicted accused in an appeal against acquittal - Complainant did not ask for compensation before High Court nor he challenged High Court's judgment - As complainant accepted the High Court's verdict, his claim for compensation stands impliedly overturned - Anyhow complainant..........
