Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption - Governing principles - Summarised : (i) once execution of cheque is admitted, S.139 of the Act draws presumption that cheque was in discharge of any debt or other liability; (ii) presumption u/s 139 is rebuttal presumption and onus is on accused to raise probable defence. The..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signature on cheque admitted - There is presumption that cheque was issued in discharge of debt or liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Financial capacity to advance loan - There was no satisfactory explanation to question put in cross examination as to financial capacity of complainant - Evidence on record thus shows a probable defence on behalf of accused, which shifts burden on complainant to prove his..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Financial capacity to advance loan - Evidence on record shows a probable defence on behalf of accused, which shifts burden on complainant to prove his financial capacity and other facts - Finding of Trial Court that complainant failed to prove his financial capacity of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - To be only for the cheque amount and not for any other amount more than the cheque amount - In the instant case loan amount and cheque amount were the same as such mention of `Loan amount' in the notice is not fatal...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Complaint containing sufficient description of (i) the nature of the partnership; (ii) the business which was being carried on; (iii) the role of each of the accused in the conduct of the business and, specifically, in relation to the transactions which took place with the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Absence of specific allegations how the petitioners participated in the day to day affairs of the company and they are in charge and responsible to the company for the conduct of business - When there is bald and vague allegations, it is not sufficient to make out a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-appearance of complainant - Complainant and his counsel not present in the Court because of wrong noting down of date by counsel - Fact that complainant assailed the order of acquittal of accused on account of his no, appearance before High Court, demonstrates that complainant is serious about..........
Negotiable Instruments Act, 1881, Section 138 - - Appeal against conviction - Suspension of sentence - Appellate Court to order deposit of compensation - In case amount of compensation is heavy, Court can direct deposit of a reasonable amount - In exceptional cases, Court can grant interim protection without requiring deposit of compensation amount...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Territorial jurisdiction - Cheque issued at a place in Kerala and presented for encashment at Bangalore where complainant had its office - Complaint filed at Gurgaon - Compliant filed at Gurgaon just to harass and putting undue pressure upon accused -..........
