Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Question of loss of cheque book - Held, this is a disputed question of fact which can be looked into by trial Court - It is not desirable on the part of High Court to form any opinion with incomplete evidence before it - Proceedings..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued for discharge of payment of marble purchased - Dispute regarding purchase and delivery of marble - Application moved by petitioner to summon Income-tax returns with a view to see that amount of cheque has been shown outstanding or not - Summoning allowed with direction that same would be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - If the complainant calls upon the accused to make payment at a place mentioned in the demand notice and the accused fails to make payment at that place, part of cause of action arises at that place...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Principles governing - (i) The primary responsibility is on the complainant to make specific averments as are required under the law in the complaint so as to make the accused vicariously liable - For fastening the criminal liability, there is no presumption that every..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Principles governing - (i) The primary responsibility is on the complainant to make specific averments as are required under the law in the complaint so as to make the accused vicariously liable - For fastening the criminal liability, there is no presumption that every..........
Negotiable Instruments Act, 1881, Section 138, 138 -- Dishonour of cheque - Presumption - Under S.139 of the Act, it is presumed, unless contrary is proved, that the holder of a cheque received the cheque, of the nature referred to in S.138 for the discharge, in whole or in part, of any debt or other liability...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Complaint filed against officers of company - Cheque of petty amount of Rs.1487/- could not be encashed due to mistake - Complainant concealed fact that he was requested to re-deposit cheque for collection - No intention on part of accused not to make payment - Only mistake committed on..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326(3), 482 -- Dishonor of cheque - Summary trial - To be conducted as summary trial w.e.f. 6.2.2003 - Offence of dishonor of cheque committed before 6.2.2003 - No part of the trial held in a summary way and even accused never raised any objection to that - No prejudice can be said..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque a valuable security - Forms part of movable property of the deceased - It can be inherited or succeeded to by the legal heirs of the deceased...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Part payment made - Payee presented the cheque for encashment of whole of the amount - Payee could make an endorsement on the cheque acknowledging the part payment received by him and then presenting the cheque for encashment of only the balance amount due and payable to him - S.56 of the Negotiable..........
