Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-impleadment of Sole proprietary - Accused running a Sole proprietary concern - It was neither a partnership firm nor a company nor any other association of persons - Provision of S.141 of the Act thus, not applicable - Complaint lodged against accused in his capacity as sole proprietor of Sole..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401, 394 -- Dishonour of cheque - Conviction - Appeal also dismissed - Revision - Death of accused during pendency of revision - Revision does not abate - Court can pass appropriate orders with regard to sentence of fine...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Appeal also dismissed - Death of accused during pendency of revision - Son also expired - Grandson survived - Liability will be upon him without his fault - Sentence imposed set aside - Fine imposed confirmed - Applicant shall pay Rs.18,875/- as compensation to complainant...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Accused deposited the compounding fee - Conviction set aside - Accused acquitted...........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12, 14 -- Production of documents - Suit for possession, mesne profits and permanent injunction on the basis of gift deed executed in favour of plaintiff by her mother - Documents regarding bank statement and details of cheque pertaining to payment in question was sought by plaintiff - Payment in question establishing..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Compensation - Cheque for payment of premium dishonoured - Liability of insurance company - Liability of insurance company to satisfy award passed in favour of claimants is there - However, since contract of insurance was without consideration as cheque for premium had bounced, insurance company would be entitled..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once cheque has been signed and issued in favour of holder, there is a statutory presumption that it is issued in discharge of legally enforceable debt or liability - This presumption, of course is rebuttable one if issuer of cheque is able to discharge the burden that it was..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Accused may adduce evidence to rebut the presumption - But, bare denial of passing of consideration and existence of debt, apparently would not serve the purpose of accused...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 406 -- Dishonour of cheque - Cheque drawn by co-accused and not applicant - Applicant has nothing to do with the business transactions in which alleged amount of Rs.2.50 lakhs was paid by complainant in order to establish business of her son - Order of summoning of applicant is erroneous -..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending three cheques for handwriting expert - Accused neither in cross-examination of complainant nor in his own examination u/s 313 Cr.P.C had come out with any concrete defence which he is now trying to built upon and under the pretext he is requesting to transmit..........
