Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance and issuing summons - Quashing of order - Offence by company - Cheques were issued in favour of complainant whose payment were stopped - Admittedly, notices were sent which were deemed to have been served and amount involved in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 138 -- Dishonour of cheque - Quashing of summoning order - It is for accused to establish in trial that cheque in question was not given towards discharge of any debt or liability - No illegality in impugned order - Order cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Both trial Court and appellate Court rightly held that burden was on accused to disprove initial presumption u/ss. 118, 139 of the Act - Burden is not discharged rightly - Conviction upheld - Considering the age of accused, sentence modified to one of fine...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Date of cheque wrongly mentioned in notice - It does not amount to material alteration or other aspects of validity of cheque - It does not adulterate the rights of complainant under the cheque - Acquittal set aside - Accused convicted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Non-deposit of 20% of compensation amount - Order revoking suspension of sentence - 20% of compensation amount works out to Rs.12 lakhs - Accused already deposited an amount of Rs.6 lakhs and has now prepared another draft for balance amount of Rs.6 lakhs - Delay in arranging..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused admitted his signature on cheque and the fact that cheque belonged to his account, complainant had the benefit of presumption u/s 139 of the Act to the effect that cheque was issued towards discharge of debt or liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Mere suggestion by accused that complainant is not possessing funds does not rebut presumption u/s 139 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision against - Revision cannot be dismissed solely on the ground that accused has not surrendered...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Revision against - Suspension of sentence during pendency of revision - Accused is 71 years old and already deposited 75% of total compensation - Since sentence awarded is only 1 year and revision is filed in COVID-19 Pandemic, sentence of accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Suspension of sentence - Accused awarded sentence of 1 year - Accused deposited 75% amount of total compensation - Sentence suspended...........
