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 - 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 - 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 -- 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 138 -- Dishonour of cheque - Defence of accused is that cheque and documents obtained by complainant by threatening accused - Case against complainant is also filed by accused in which complainant is acquitted - Defence sought by accused and witnesses examined are only by way of improvement in respect of same cause of action, thus..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount of compensation stands received by complainant - Complainant has no objection in compounding the offence - Conviction and sentence set aside - However, since complainant was unnecessarily dragged to institute legal proceedings against accused that too for..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - Conviction - There is 3 months gap as to dates of cheque and to the date of presentation and the dates of events are inexplainable by complainant - Thus, accused established a probable defence and presumption u/ss 118, 139 of the Act stand rebutted - In absence of any other..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Complainant has successfully proved by leading cogent and convincing evidence that accused issued cheque in question in discharge of his lawful liability, but the same came to be dishonoured - Since despite issuance of legal notice accused failed to make good the payment,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Sentence - (i) It is compensatory aspect of remedy which should be given priority over punitive aspect; (ii) It is appropriate if sentence of imprisonment imposed is kept at the minimum unless, of course, conduct of accused demands otherwise; (iii) Sentence of fine must be sufficient enough to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amount advanced by complainant`s husband to accused was not shown in income tax return - Same itself would not wash off liability of the loanee (accused) to repay the loan amount when there is nothing to doubt the factum of issuance of cheque and the story put forth by complainant regarding loan having..........
