Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 10 cases - Different complainants but accused person same - Concurrent running of sentences - Default sentences cannot run concurrently...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Accused should raise his pleas before trial Magistrate u/ss 251, 263(g) Cr.P.C. - Along with his pleas, he can file necessary documents and can also file an application u/s 145(2) of the Act to recall complainant to cross examine him on his plea of defense - However, only after..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of defence - Accused alone has to take plea of defence and burden cannot be shifted to complainant, as it is within special knowledge of accused as to why he is not to face trial u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheques - Offence by company - Vicarious liability - Allegation against Director of company - Merely because accused did not sign cheques in question, is not decisive for launching prosecution against him, particularly when there was no specific denial about role attributed to accused in negotiations and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Issues involving facts raised by accused by way of defence can be canvassed only by way of evidence before trial Court and same will have to be adjudicated on merits of case and not by way of invoking jurisdiction u/s 482 Cr.P.C at..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings Issues involve disputed question of facts and law and cannot be decided unless and until parties go to trial and lead their respective evidence - Though invariably initial phase of litigation u/s 138 of N.I. Act depends on how well..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proceedings u/s 138 of the Act are quasi criminal in nature - Principles which apply to acquittal in other criminal cases are not applicable in the cases instituted under the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Presumption u/s 139 of the Act is that holder of a cheque received the cheque for the discharge, in whole or in part, of any debt or other liability - To rebut this presumption, facts must be adduced by accused which on preponderance of probability (not beyond reasonable..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Presumption - Rebuttal - Accused did not lead any evidence to rebut the presumption - Statement of accused recorded u/s 313 Cr.P.C. is not a substantive evidence of defence, but only an opportunity to accused to explain the incriminating circumstances..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Presumption - Rebuttal - Accused recorded his statement u/s 313 Cr.P.C. but not adduced any evidence to rebut the presumption that cheque was issued for consideration - Once the facts came on record remain unrebutted and supported with evidence on record..........
