Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Unless contrary is proved, it is to be presumed that a holder of a cheque, received the cheque of the nature referred to in S.138 of the Act for the discharge in whole or in part of any debt or liability - However, the onus of proving that cheque was not in discharge of any debt or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Cheque issued in discharge of liability to pay - Statement of account reveals that at the time cheque came for collection in the bank, there was no sufficient funds in the account of accused to honour the cheque - Accused rightly found to have committed the offence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction by trial Court - Accused acquitted in appeal - In Revision High Court convicted accused - High Court as per S.401(3) Cr.P.C does not have authority to convert a finding of acquittal into one of conviction while exercising its revisional power - If..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - S.142 of the Act does not contemplate a report to police nor authorize Court taking cognizance to direct police to investigate into complaint...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cognizance of offence - S.142(1)(a) of the Act mandates that cognizance of offence punishable u/s 138 of the Act can only be taken upon the complaint in writing...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default for non-appearance of complainant on the date fixed without affording even a single opportunity is wholly unjustified - Default being singular ought to have been ignored by Court and to do substantial justice, it ought to have..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When cheque was sent for collection through another bank and intimation of dishonour was received from that bank along with dishonour memo issued by drawee bank, 15 days period can be reckoned from the date of intimation from collecting bank and not from date of dishonour of cheque by drawee bank...........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 12(1), 12(2), General Clauses Act, 1897, Section 9 -- Dishonour of cheque - Limitation for filing complaint u/s 138 of the Act is from the day on which the cause of action arises and first day has to be excluded for counting period of one month...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Order passed by trial Court u/s 143-A of the Act was non-speaking, without considering relevant facts and giving reasons - Trial Court failed to consider the relevant factors laid down by Supreme Court - Order directing accused to pay interim compensation set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If the cheque is not drawn on the account maintained by accused but by some other person, same will not attract the provision of S.138 of the Act...........
