Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendment sought for is having the effect of substituting name of complainant and accused after 27 years of filing complaint - Name of complainant and accused cannot be substituted at appellate stage and that amendment sought for does not relate to a curable infirmity that can..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - Deposit of 20% of compensation amount - Amount so deposited can be released to complainant, reflecting the legislative intent to provide timely relief and deter frivolous appeals...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal subject to payment of costs to Legal Services Authority - When complainant does not want any further amount and appellant has expressed his inability to comply with the same, direction imposing costs on appellant to be paid to Legal Services Authority cannot be sustained in the eye of law...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Right to lead complainant's evidence closed - Complainant seeking her recall for her further cross-examination - Complainant had been neither diligent nor serious about leading her evidence - Matter remained pending for recording complainant's evidence from..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Evidence on record shows that there was no financial transaction between parties in connection with execution of exchange deed - Accused has disputed the transaction and financial capacity of complainant - He has succeeded in rebutting the presumption regarding consideration in favour..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - While dealing with presumption u/s 139 of the Act, accused has two options: (i) debt/liability does not exist i.e by leading defence evidence and conclusively establishing with certainty that cheque was not issued in discharge of a debt/liability; and (ii) to prove the non-existence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amount of Rs.3 lakhs was given to accused for securing a job for complainant - Such payment for securing Government employment would be considered a bribe and is opposed to public policy rendering it void ab initio from very beginning - Since cheque was issued to repay said amount, there is no legally..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Failure of accused to reply to statutory notice u/s 138 of the Act leads to an inference that there is merit in complainant's version...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Guidelines modified, viz. (a) If accused pays cheque amount before recording of his evidence (namely defence evidence), then Trial Court may allow compounding of offence without imposing any cost or penalty on accused; (b) If accused makes payment of cheque amount post..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of summons - Directions issued: (a) In all cases filed u/s 138 of the Act, service of summons shall not be confined through prescribed usual modes but shall also be issued dasti i.e. summons shall be served upon accused by complainant in addition; This direction is necessary as a large number of..........
