Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 20, 21, Civil Procedure Code, 1908, Order 21, Rule 1 -- Dishonour of cheque - Complaint transferred to Lok Adalat - Compromise by parties - Award of Rs.4 lacs passed - Such an award is a decree and same is executable under CPC - Execution - Pecuniary jurisdiction of Court..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque returned with endorsement 'funds not arranged for' - Accused denied his liability to pay, as cheque was issued in pursuance of agreement to sell and when he came to know that complainant is not the owner of plot he did not arrange for the funds - Legal effect of presumption available u/s 139 not..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once issuance of cheque is proved then burden shifts to accused to prove that it was not issued in order to discharge any existing legal liability for repayment of debt - Standard of proof for rebuttal of such presumption is not heavy - The accused is required to strengthen his..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise during pendency of revision against conviction - Parties compromised - Loan amount repaid - Complainant waived compensation amount imposed by trial Court - In view of compromise accused acquitted granting him exemption from surrendering...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Unregistered partnership firm - Complaint filed by Manager not duly authorized - Held, complaint by unregistered firm can only be filed through one of its duly authorized partners or its duly authorized officer and not through Manager who is not duly authorized - Dismissal of complaint - Order..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by a person to discharge liability of another person - Cheque dishonoured - Person who issued cheque is liable u/s 138 of the Act - Absence of averment that cheque issued by accused was towards the discharge of liability of another person - Complaint dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption has to be drawn that cheque was drawn for consideration and that it was executed for discharge of debt or liability once its execution is proved or admitted - Presumption will live, exist and survive and shall end only when the contrary is proved that cheque was not issued for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Principle that the debtor must seek the creditor - Not applicable in a criminal case - Jurisdiction of the Court to try a criminal case is governed by the provisions of the Criminal Procedure Code and not on common law principle...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Company having registered office at Delhi and branch office at Chandigarh - Business transaction entered into at Chandigarh - Cheque drawn at Chandigarh Bank - Notice demanding payment sent from Delhi - Issuance of notice would not by itself give rise to a cause of action but..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Giving of notice does not give rise to a cause of action but it is communication of notice which give rise to a cause of action - For an offence u/s 138 of the Act notice must be received by the accused - Notice may be deemed to have been received in certain situations - Word 'communicate'..........
