Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Stop payment - Held, statutory presumption u/s 139 that cheque was dishonoured can be drawn - But said presumption is rebuttable by adducing evidence to sow that stoppage of payment was not done due to insufficient funds - Material on record indicate that drawer had grievance against complainant..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR lodged for offences u/ss 420 and 120-B of IPC - No element of cheating or entering into criminal conspiracy - If at all any offence is committed, it is the offence u/s 138 of Negotiable Instruments Act and not the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proceedings dropped relying upon Supreme Court Judgment - Decision relied upon overruled by a larger Bench - Order of dropping proceedings set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Court can grant exemption from personal appearance even without first appearance...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Offence is compoundable - Parties settling the matter under which accused agreed to make payment of cheque amount - Accused failed to make payment - Held, this does not amount to admission of guilt by accused - Accused has right to contest the case on..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Offence is compoundable - Accused has no power to apply for compounding of offence - Power to compound has been given either to the complainant or affected person or other persons standing in their shoes...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Trial court convicted and sentenced accused on account of dishonor of cheque - Conviction upheld by appellate court - Application for compounding filed by complainant before Revisional Court - Complainant being a person competent to compound an offence, hence compounding..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Insufficient funds - Funds can be checked online at the bank branch where it was presented and cheque need not to be sent to the bank branch from where it was issued - Offence is committed when it is found that there are insufficient funds...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint filed by officer on behalf of company - However, no authorization executed in favour of said officer - Held, it would not vitiate complaint proceedings - It is only an irregularity which can be ratified or rectified subsequently...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Every person who is in-charge and responsible for day-to-day affairs of company is liable to be prosecuted - Complaint proceedings cannot be vitiated on ground that company not arrayed as co-accused...........
