Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Moratorium provisions contained in S.14 of Insolvency and Bankruptcy Code, 2016, would apply only to corporate debtor - Natural persons mentioned in S.141 of N.I. Act would continue to be statutorily liable under provisions of the Act. (P.Moharnraj V Shah Brothers followed)..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of a person to pay would not necessarily mean that amount in question had been advanced to an accused - When question is raised about ability and fact of having advanced loan is raised then it is for complainant to prove that he had the financial capacity to advance..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Three Cheques dishonoured - Sale of site transaction - Once accused made part payment towards his discharge of liability and accused cannot deny remaining payment - Accused has failed to rebut presumption available in favour of complainant - Accused convicted - Acquittal set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Plea of accused that subject matter of cheque is not towards debt or liability - Plea held, not tenable as subject matter of cheque was given to towards his liability to pay amount in lieu of share of complainant and fact that complainant is sister of petitioner is not in dispute - It is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Singular default in appearance on part of complainant could not entail dismissal of complaint in default more particularly when he had been diligently pursuing same ever since its institution..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount of compensation deposited by accused with trial Court - Complainant has no objection for compounding the offence in the event of release of entire amount of compensation - Matter ordered to be compounded - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Issuance of cheque and signatures admitted - Presumption of legally enforceable debt arises - It is for accused to rebut said presumption...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Issuance of cheque and signatures admitted - Accused had taken different stands with regard to cheque in question but same not proved - Accused failed to rebut the presumption - Mere statement by accused in itself is insufficient to raise suspicion with regard to entire case of prosecution -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 482 -- Dishonour of cheque - Application for amendment of title of complaint by inserting name of company - Cheque was issued by the accused in the name of company and cheque was issued to discharge liability towards company - Amendment if granted, would only help court to arrive..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b), 29 -- Recovery of 7.79 kg Charas - A-3 was found with contraband Charas contained in a bag held by him - A-1 and A-2 did not hold the bag and neither anything incriminating was found from their person - A-2 was merely a companion of her husband A-1 and she was not an accomplice in crime - No call..........
