Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-filing of promissory note - Cannot be fatal to case of complainant...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Signature on cheque not disputed - Plea that cheque issued in the name of Firm was removed from his office table not convincing nor the same is supported by any evidence - Statutory presumption not satisfactorily rebutted - Accused rightly convicted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted - Cheque amount Rs.2.50 lakhs - Order to deposit Rs.5 lakhs is on the higher side and same reduced to Rs.2.80 lakhs with costs of Rs.20,000/-...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Matter compromised in Lok Adalat during pendency of appeal - Cheque, issued in pursuance of such compromise, dishonoured - Complaint filed u/s 138 of the Act - Settlement of matter in Lok Adalat was in acknowledgment of liability of accused to complainant - Dishonour of cheque gave raise to..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Cross examination of prosecution witnesses is not sufficient to rebut the presumption of consideration...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Mere discrepancies in the statement in respect of cartons, trays or the packing material or the rate charged will not rebut the statutory presumption...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Debt not to be proved as in a civil suit - Dishonour of cheque carries a statutory presumption of consideration - Holder of cheque in due course is required to prove that cheque was issued by accused and it was dishonoured when presented - Since there is statutory presumption of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Statement of accused u/s 313 Cr.P.C. is only to the effect that cheque has been misused - There is no stand in the statement that cheque book was stolen - Presumption not rebutted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque to outgoing partner without dissolution of firm or rendition of accounts or settlement of his share/contribution - Till the share of complainant is determined in relation to profits and losses incurred by the Firm, there is no question of complainant claiming for the entire..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Cheque issued by Company but Company not arraigned as an accused - Complaint u/s 138 of the Act cannot be proceeded - Summoning order quashed...........
