Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption u/ss 118(a), 139 of Act can be rebutted (i) through direct evidence of accused; (ii) material on record; and (iii) by reference to circumstances upon which accused relies - Standard of proof is essentially that of preponderance of probabilities and not proof beyond reasonable..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of Cheque - Compounding of offence - Controlled by independent provision of S.147 of N.I. Act and is not contingent or dependent on provisions/scheme contemplated u/s 320 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Complaint by power of attorney holder - To draw presumption u/s 118 r/w S.139 of the N.I. Act, burden is heavily upon power of attorney holder to show that payee had required funds for advancing the amount to the accused and he issued the cheque in support of the said payment -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused a labourer took amount for personal necessity from complainant which he could not pay - From last more than 13 years accused facing agony of trial - Accused neither required nor involved in any other case - Moreover, accused remained on bail during pendency of trial and he has not misused..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- As amended by Negotiable Instruments (Amendment) Second Ordinance, 2015 - Dishonour of cheque - Complaint - Territorial jurisdiction - Place where a cheque is delivered for collection i.e. branch of bank of payee or holder in due course, where drawee maintains an account would be determinative of place of..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- As amended by Negotiable Instruments (Amendment) Second Ordinance, 2015 - Dishonour of cheque - Complaint - Territorial jurisdiction - Cheque drawn at place `C' - Cheque presented for collection and dishonoured at place `I' - Court at place `I' has territorial jurisdiction to entertain the complaint u/s 138 of the..........
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, Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Complaint u/s 138 of N.I. act dismissed by trial court - Leave to appeal against order of acquittal passed by trial court lies before High Court u/s 378(4) of CrPC and not before Sessions Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Delay in filing complaint - Maintainability - Complainant sent legal notice to accused on 28.09.2010 and thereafter again legal notice issued by complainant on 11.11.2010 - Complainant himself admitted in cross-examination that date of issuance of first legal notice is..........
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..........
