Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Failure to prove that cheque was issued towards a legally enforceable debt - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards chit transaction - Parties admitted that cheque was not issued towards any legally enforceable debt - Thus, no offence u/s 138 of the Act is made out - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Act does not define word `Dishonour' - However, title of S.138 of the Act lists insufficiency of funds one of the situations that could contribute to dishonour of cheque - Every debt or liability upon which cheque is issued is not enforceable under the Act...........
Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Complaint u/s 138 of the Act - Presumption - Strict liability - Can be enforced only when cheque is issued in discharge of any legally enforceable debt or other liability partly or wholly - Onus lies on complainant to establish that cheque was signed by drawer in discharge of `Legally Enforceable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act - Legally enforceable debt - When complainant discharges his burden that cheque issued by accused towards discharge of legally enforceable whole or part of debt or liability, then only accused will be called upon to answer his case - However, accused is entitled to maintain..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Cheque issued by son - Perusal of record shows that in complaint, complainant is not stating any liability against accused who is son of `M' - Even there is no evidence on record to show that accused ever stood surety or given in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt or other liability - Words `for the discharge in whole or in part, of any debt or other liability u/s.138 of the Act, states that cheque must be drawn towards discharge of either whole or in part of any debt or other liability - If amount covered by cheque is more than whole of..........
Negotiable Instruments Act, 1881, Section 138, Stamp Act, 1899, Section 33, 35(d) -- Dishonour of cheque - Unstamped document - Impounding - Cheques issued on basis of unregistered and unstamped Memorandum of understanding - Is legally enforceable debt u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Chit fund business - Settlement letter - Letter formation in the signatures quite different from that in the body of the document itself - Moreover complainant did not even aver with regard to the execution of settlement letter - Legal presumption with regard to existence of a..........
Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 69 -- Dishonour of cheque - Complaint filed by unregistered partnership firm - When there is bar of filing of suit by unregistered firm, bar equally applies to criminal case in view of S.138 Explanation (2) of N.I. Act - Unregistered partnership firm cannot legally enforce debt, thus it is not..........
