Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When two views are possible, view that in favour of accused is to be adopted...........
Indian Penal Code, 1860, Section 420, 406, 120B, Negotiable Instruments Act, 1881, Section 138 -- Offence u/ss 420, 406, 120-B IPC - Quashing of FIR - FIR cannot be quashed merely on the ground that complaint u/s 138 of N.I Act is filed, particularly when police has found material to present challan against petitioner showing his involvement in conspiracy - Petition for..........
Indian Penal Code, 1860, Section 420, 406, 120B, Negotiable Instruments Act, 1881, Section 138 -- FIR u/ss 420, 406, 120-B IPC and complaint u/s 138 of N.I. Act - Where legally enforceable liability is incurred, despite being based on fraud, such liability remains legal and valid against person who had played fraud - In that situation, person would definitely be liable for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Compliant not filed by payee or holder in due course - Demand not made by payee or holder in due course - Basic ingredients of S.138 of the Act not satisfied - Accused discharged...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - For every criminal liability u/s 138 of the Act, there should be a legally enforceable debt or other liability "subsisting on the date of drawal of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Issuance of undated cheque - No averment that any such amount was due and outstanding on or about the date on which the cheque was issued by petitioner - Cheque cannot be said to be issued for discharge of any legally enforceable debt or liability, on date of issuance of..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Once presumption arising u/s 118 r/w S.139 of the Act is raised, it can be rebutted by accused on preponderance of probability at trial - This can be done on basis of cross-examination of complainant and his witnesses, if any, and/or by leading independent defence..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Cheque amount with assessed cost and interest paid - Court can close the proceedings even in absence of complainant...........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Condonation of delay in filing complaint - Plea of accused that notice not actually sent in the envelope and envelope received not opened and produced in Court - Court while deciding delay condonation application can order opening of the envelope - Plea of not sending..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If there is no contention in complaint that statutory notice was sent to accused, Court can refuse to take cognizance of matter...........
