Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Issuance of cheque towards supply of goods - Plea of accused that cheque was issued by way of advance and there was non supply of goods - Conviction on the basis of presumption without there being non production of books of accounts and bills set aside - Matter remitted - Complainant..........
Negotiable Instruments Act, 1881, Section 138, 139, 141 -- Dishonour of cheque - Company - Cheque returned with endorsement that joint signatures are required - Offence u/s 138 of the Act is still attracted as accused cannot avoid responsibility - Complainant did not know that joint signature are required - As per S.139 of the Act it has to be presumed that cheque was..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Notice - Complaint u/s 138 of the Act - Accused bound to prove payment of entire amount within 15 days of receipt of notice intimating dishonour of cheque and demanding payment u/ss - Even, part payment whether before or after notice cannot absolve accused from criminal liability for offence u/s..........
Negotiable Instruments Act, 1881, Section 138, 139, Income Tax Act, 1961, Section 269SS -- Dishonour of cheque - Cash loan of Rs.31 lakhs - Acquittal of accused on the grounds : (a) Neither complainant nor his wife produced their respective income tax returns; (b) Failure to disclose income prior to advancing loan; (c) difficult to accept that complainant was in a position..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Cheque issued towards repayment of loan - In order to draw presumption, heavy burden lies on complainant to show that he had required funds for having advanced the money and that the issuance of cheque in support of said payment advanced was true and that accused was bound to..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Payment if not made within notice/stipulated period - Held, statutory presumption would be of dishonest intention exposing to criminal liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Standard to prove for doing so is by a preponderance of probability - When accused is able to establish probability which creates doubt about existence of legal enforceable debt or liability, then complaint can be dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Complainant alleged that cheque issued by accused for purchase of scrap of vehicle got dishonoured - Accused admitted that cheque was issued towards purchase of sand - Accused acquitted on ground that complainant could not prove that any scrap vehicle was sold by complainant..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Presumption includes the presumption of the existence of a legally enforceable debt or liability - It is for the accused to explain his case and defend it once the fact of cheque bouncing is prima facie established...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Established on record that complainant/respondent had received bearer cheque for consideration in discharge of legal liability and was holder in due course of same - Dishonour of cheque was for reason that account of petitioner/accused did not carry sufficient funds - Burden..........
