Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Legally enforceable debt - Presumption - Complainant failed to prove that cheque in question is towards discharge of existing legal liability, as there is no iota of evidence to prove the alleged transaction of purchase - Several admissions of complainant are fatal to his case as they have..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - It shall be presumed that every negotiable instrument made or drawn is for consideration and that every such instruments, when it has been accepted, endorsed, negotiated or transferred, was accepted, endorsed, negotiated or transferred for consideration, until the contrary is..........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 3, 12 -- Dishonour of cheque - Compromise between parties - Accused is Government employee and has already paid cheque amount - Moreover, he is not a habitual offender - Thus, benefit of Ss.3, 12 of 1958 Act, can be extended to accused so that impugned judgment will not affect his..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Offence by partnership firm - Prosecution launched against only one of the partners of partnership firm, without joining partnership firm - Complaint is not maintainable - Process issued against accused quashed and set aside...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Offence by partnership firm - Unless partnership firm is prosecuted and convicted, partner cannot be convicted with aid of S.141 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Debt or liability - Promissory note executed - Word `security' used in promissory note - It implies that once amount is paid cheque has to be returned - In case amount was not paid then cheque was liable to be presented for otherwise there was no logic or reason for their having been issued and handed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default - Restoration - Dismissal of complaint on account of non appearance will certainly cause miscarriage of justice to the complainant - Ends of justice will be met if complainant is given another chance to put forward his claim - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - Complainant placed on record compromise deed wherein, it is admitted that matter is finally settled and complainant has no objection if offence is compounded and accused is acquitted - Judgment of conviction and sentence set aside and accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Compounding of offence - Matter compromised between parties - Requirement of deposit of 15% cheque amount reduced to 10% of cheque amount as petitioner is a poor person - Conviction and sentence set aside - Accused acquitted subject to deposit of 10% of cheque amount with the State Legal..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - Accused convicted and sentenced to undergo simple imprisonment for 6 months along with fine of Rs.500/- and in default to further undergo imprisonment for 30 days - Matter compromised between parties - Sentence of accused reduced to period already..........
