Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - As per complainant, accused took Rs.3 lakh from him as friendly loan from time to time for his household need, but complainant failed to prove source of such huge amount - Even, statement of complainant is contradictory to version given in complaint - Moreover, complainant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Three ingredients required to be satisfied are : (i) That there should be a legally enforceable debt; (ii) That the cheque should have been drawn from the account of the bank for discharge in whole or in part of any debt or other liability which pre-supposes a legally enforceable debt; and (iii) That..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act - Jurisdiction - After issuance of Ordinance, 2015, offence u/s 138 of the Act, shall be inquired into and tried only by Court within whose local jurisdiction cheque is delivered for collection through account or branch of bank where payee or holder in due course maintains..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Essential ingredient for attracting liability u/s.138 of Act is that the person who is to be made liable should be drawer of cheque and should have drawn the cheque on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for discharge,..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of FIR - Allegations in FIR clearly refer malafide intention on part of petitioner - Even, when he was fully aware that he has closed his account, then why he has issued cheque - Hence, mens rea was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Funds insufficient - Loan amount - Cheque issued for re-payment of loan amount of Rs.30 lakhs - Dishonour of cheque on account of funds insufficient - Statement of bank Account produced to prove the fact of dishonour of cheque - Chief Manager of Bank has also deposed that cheque was dishonoured for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Funds insufficient - Loan amount - Legally enforceable debt - Documents on record prove that an amount of Rs.30 lakhs was transferred from the account of complainant to the account of accused - Accused did not dispute signature/execution of Loan Security Bond and a Promissory note - Evidence on record..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Return of complaint u/s 138 of the Act for filing before Court of competent jurisdiction - After issuance of ordinance 2015, offence u/s 138 of the Act shall be inquired into and tried only by Court within whose local jurisdiction, cheque is delivered for collection through account, or branch of bank..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Drawer of cheque was the company - Cheques drawn from the account of company - Accused signed cheques on behalf of company in his capacity as director thereof - Company would be responsible and liable for dishonour of cheque - Prosecution of accused without arraigning company..........
Negotiable Instruments Act, 1881, Section 138, 139, 118, Income Tax Act, 1961, Section 269SS -- Dishonour of cheque - Presumption - Legally enforceable debt - As per accused, complainant could not establish any legally enforceable debt or liability as admittedly complainant is not income tax payee, and as per S. 269-SS of the Act any loan or deposit of more than..........
