Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque towards sale consideration - No document or evidence as to execution of conveyance - There was no existing debt or liability against which cheque was given - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise during pendency of revision against order of conviction - Complainant accepted sum towards full and final settlement of dispute - Conviction and sentence set aside subject to deposit of cost of 15% of cheque amount with Rajasthan State Legal Services Authority...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Cheque issued - Nothing taken in writing as accused was known to complainant and had also earlier taken loan and returned the same - Signature on cheque not disputed - In statement u/s 313 Cr.P.C. accused has not given any satisfactory expalanton as to how cheque executed and signed by him,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant for cross examination - Despite last opportunity granted to petitioner, he failed to place on record the evidence - However, on next date of hearing, Presiding Officer was on leave - Trial Court should have considered the application u/s..........
Negotiable Instruments Act, 1881, Section 138, 118A, 139 -- Dishonour of cheque - Presumption - Accused admitted cheque in question as well as signatures on the same - He also admitted execution of `loan receipt' as well as his signatures and handwriting on the same - In view of admitted facts, petitioner had admitted existence of debt - More so, he failed to rebut..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 20(3) -- Dishonour of cheque - Quashing of complaint - Offence by company - Accused not named as authorised signatory - Court directed accused to file affidavit as to whether he was such authorised signatory or not - Seeking such affidavit..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Applicants being three directors of company contended that they already resigned from the post of director before issuance of cheque in question - However, as per averments in complaint, applicants are incharge and responsible for day to day trade, supervision, affairs and..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When signature on cheque has been admitted and it belongs to accounts of accused, then under such circumstances S.139 of the Act raises a presumption of law that cheque which has been duly drawn was given in discharge of debt or liability and burden shifts upon accused to rebut said..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When accused fails to rebut presumption drawn u/s 139 of the Act, then under such circumstances the case of complainant stands proved and accused is liable to be convicted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Death of accused - Legal heirs have right to challenge conviction of their predecessor for the purpose that he was not guilty of any offence - Legal heirs in such a case are neither liable to pay fine or to undergo imprisonment...........
