Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Conviction - Both Courts below have found that complainant has proved due execution and issuance of cheque - There was no attempt from the side of accused to rebut the presumption available u/ss 139 and 118 of NI Act to complainant - On receiving statutory notice accused remained silent - Held,..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption u/ss 118 and 139 - Accused persons admitted issued cheques in question - Held, presumption u/s.118 and 139 of NI Act is available to complainant - No evidence was adduced by accused persons to rebut presumption or to show that they have repaid amount - Held, Magistrate justified in..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Proof - Accused signed the cheque and issued it - Cheque pertains to the account maintained by accused with her banker - Complainant was able to prove that there was a loan transaction between complainant and accused in discharge of which debt the cheque in question was issued - Statutory notice..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.2 lakhs - Accused convicted and sentenced to one year SI and to pay a fine of Rs.5, 000/- and accused further directed to pay compensation of Rs.2.20 lakhs to the complainant - Accused deposited the amount of Rs.2.20 lakhs - Accused aged 51 years of age and a poor widow who is earning..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Case of accused that he had handed over the cheque only as a security - Though he had discharged debt/liability due to complainant but cheque was not returned to him - Held, contention is unacceptable since accused did not send any notice nor did he take any action to get back..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Prosecution of guarantor in individual capacity - Quashing of complaint - Held, a person named as a guarantor in loan agreement cannot be prosecuted as an accused in a case u/s 138 of the Act - Complaint quashed - Petition allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Locus standi - Complaints were filed by "R" as proprietor of M/s.Resoursys - He being the proprietor of firm in whose favour cheque in question was issued - Held, he was only competent person to file complaint being its proprietor...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Transaction between parties took place at Delhi - Cheques in question were issued at Delhi - They were deposited for encashment in bank at Delhi and that drawee bank of petitioner was stated to be at Delhi - Held, Delhi Court apparently had territorial jurisdiction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for no, prosecution - Despite several opportunities given to complainant to adduce evidence complainant failed to adduce any evidence - Trial court passed an order u/s 256(1) of Cr.P.C. - No decision taken by Magistrate on merit inspite of the fact that cognizance is taken - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Plea of accused that complainant obtained signed blank cheque from accused by threatening him - Plea held, not tenable as mere suggestions of threat etc. are of no avail - Conviction upheld...........
