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 two cheques - Modification of sentence - Concurrent findings of three Courts below that cheques were issued by accused for amount due and payable to complainant - No interference warranted in conviction of accused - However, considering facts and circumstances of case and having regard to fact that said two..........
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 - 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..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251, 263(g) -- Dishonour of cheque - Plea of accused that he should not be tried u/s 138 of N.I. Act can only be raised before Court of Magistrate u/s 251 Cr.P.C. and 236(g) of Cr.P.C. - Along with this plea, he can file necessary documents and also make an application...........
