Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Guarantor - A guarantor remains as bound to the creditor as the principal debtor and it is open for the creditor to choose to proceed against the guarantor in preference to the principal debtor - Liability of guarantor and principal debtors are co-extensive and guarantor cannot be heard to suggest that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan of Rs.3 lakhs against which three cheques of Rs.1 lakh each issued - Two of the cheques dishonoured - Plea of accused that cheques were given as security for repayment of loan of Rs.1 lakh - Does not appeal to reason - Improbable and not supported by material - Evidence on record clearly..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque bearing signatures of accused on its face and also on reverse of it - Goes to show that the said cheque was intended to be used as a `self cheque' and not issued by accused to any other person - Writing on cheque not in the hand of accused - Account in Bank in the name of complainant was..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Accused borrowed loan - Loan amount not established - Presumption u/s 139 of the Act is not available...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan advanced by husband and cheque issued in favour of wife - Husband not examined as a witness - Failure to prove fact of lending money and receipt of cheque by complainant towards discharge of loan amount - Accused acquitted - Order upheld...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption is as to issuance of cheque for discharge of any debt or other liability and not as to legally recoverable debt - Complainant has to be establish as to legally recoverable debt...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Loan advanced by husband and cheque issued in favour of wife - Husband not examined - Failure to prove lending of money and that accused delivered the cheque to the complainant - Presumption u/s 139 of the Act is not available...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Accused convicted - Suspension of sentence during pendency of appeal - Rejected on ground that fine not paid - Held, accused entitled to bail till disposal of appeal subject to payment of fine...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Right of audience of accused in matter of condonation of delay - Magistrate shall hear complainant and accused person before prayer for condonation of delay in terms of proviso to Clause (b) to S.142 of NI Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Cognizance taken only on maturity of complaint - Case to be decided on merits...........
