Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheque presented before bank two times within a period of six months - Quashing of complaint sought u/s 482 of Criminal Procedure Code - Held, whether complaint could be filed within a period of one month after the date of cause of action is a mixed question..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Merely issuing notice from Bangalore does not confer jurisdiction on Court at that place when both parties are in Mumbai and cheque was issued and dishonoured at Mumbai and it was in Mumbai that accused received notice of dishonour of cheque - Complaint ordered to be returned to be..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued towards loan advanced by complainant - Loan transaction not supported by any document - Loan transaction not reflected in account books of complainant who is trader of food grains - Complainant did not examine any witness with respect to alleged transaction - Acquittal upheld -..........
Negotiable Instruments Act, 1881, Section 139, 138 -- Dishonour of cheque - Presumption - Rebuttal of presumption - Complainant has no right of rebuttal as in a civil suit - Evidence of complainant has to come at a stretch and not in installments or stages...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In a prosecution u/s 138 of the Act complainant need not to establish the original cause of action in meticulous details...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once the signature, execution and handing over of the cheque is satisfactorily proved, presumption comes into play and the same holds the field until the accused discharges the burden on him at least by the inferior standard of preponderance of possibilities and probabilities as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption - Rebuttal - Some innocuous inconsistency between the real nature of transactions and the pleading regarding such transactions, in complaint and notice, is not sufficient to hold that the burden of the accused is discharged...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures if proved not genuine then it is not a valid execution and cheque will be no cheque at all and S.138 of the Act will not be attracted at all...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Notwithstanding the endorsement by bank, it is for the Court, on the basis of material before it, to come to a definite conclusion as to what was the actual and real cause for dishonour...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Successive presentation of cheque is permissible within permissible time and can be resorted to even in cases where the dishonour is on the ground of `account closed' and `signature differs'...........
