Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Prosecution u/s 138 of the Act is founded upon following four seminal ingredients: (i) Existence of a legally enforceable debt; issuance of cheque towards discharge of debt; (iii) dishonour of cheque and (iv) failure to make payment after receipt of statutory demand notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused is entitled to take conflicting defences, but complainant who wants to punish accused, must be consistent in his case...........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Four cheques issued on different dates for single debt - There is absolutely no reference to debt in statutory demand notices - In complaint amount of debt is quantified at Rs.3 lakhs, but there is no whisper about date on which debt was incurred -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan of Rs.75,000/- - Accused known to complainant for more than five years - Accused not explained the circumstances under which two cheques were issued - Failure to obtain promissory note or nay other document at the time of giving loan cannot be said to be fatal - Two cheques carry with them..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted - Memorandum of understanding (MOU) executed between parties - Accused willing to pay compensation amount with extra amount - In view of undertaking given by accused as also fact that accused has already suffered incarceration for more than four months, conviction and sentence set..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise arrived at between parties amicably - Continuation of criminal prosecution would be an exercise in futility, as chances of ultimate conviction are bleak - Proceedings quashed - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Application for cancellation of issuance of non-bailable warrant was dismissed - Record does not reflect that accused persons were served with copy of evidence on affidavit of complainant - As such they could not be insisted to cross examine complainant on the same day - Despite application for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Production of account books/cash book to prove the amount due - May be relevant in civil suit but not so in a case u/s 138 of N.I. Act as presumption is raised in favour of holder of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued for discharge of debt, way back in the year 1999 - Considering fact that cheque was issued in the year 1999 and having regard to other facts and circumstances of case and in the interest of justice, it is appropriate to set aside sentence of imprisonment imposed upon accused while..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Notice is to be read as a whole - Perusal of notice clearly setting out the details of the cheque which is dishonoured, so it cannot be said that demand made is ambiguous or in any way confusing as there is no denial that cheque in question were not issued or that it was not dishonoured for..........
