Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - To rebut the statutory presumption, an accused is not expected to prove his defence beyond reasonable doubt as is expected in a criminal trial - An accused can either adduce direct evidence to prove the non existence of any debt or liability or could do the same indirectly..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Statutory presumption in favour of complainant stands rebutted because of inconsistent pleas of complainant...........
Negotiable Instruments Act, 1881, Section 138, 141(2), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Cheques signed by petitioner/Director on behalf of company - No vicarious liability can arise against Director in absence of Company being arrayed as an accused - Complaint against petitioner/director not maintainable - Proceedings..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Director individually cannot be prosecuted when proceedings against company are dropped...........
Criminal Procedure Code, 1973, Section 439, Negotiable Instruments Act, 1881, Section 138 -- Bail - Dishonour of Cheque - Accused had preferred an appeal against judgment of trial court and his sentence was suspended by appellate Court - Petitioner had been appearing on every date before appellate Court and he could not appear only on one occasion - Bail granted with..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant failed to prove its status as finance company, as no document was produced to prove such status - Moreover, cheque issued after a year later from the date of advancement of loan amount, which was not believable - Said lacuna is fatal to complainants case - Accused rightly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Order closing evidence of complainant - On the date when accused himself was not present - Not justified and order is hereby set aside - Trial Court is directed that the petitioner be afforded one effective opportunity to lead and conclude his entire evidence...........
Negotiable Instruments Act, 1881, Section 138 -- Pre-mature complaint - Complaint filed before expiry of 15 days from the date of receipt of notice - It is pre-mature complaint - Complaint is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Failure to prove as diary wherein entries were made was lost - Trial Court committed no error while acquitting accused - Acquittal upheld...........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Anticipatory bail - Dishonour of cheque - Non-bailable warrants - Petitioner was released on regular bail on 24.04.2017 - However on 01.06.2017 he remained absent without any intimation to the trial Court and therefore trial Court forfeited his surety and issued no, bailable..........
