Negotiable Instruments Act, 1881, Section 139 -- Presumption - Rebuttal - Accused may rely upon circumstantial evidence - Accused can rely upon presumption of fact as mentioned in S.114 of Evidence Act - Accused has also an option to prove the non existence of consideration and debt or liability either by letting in evidence or in some clear and exceptional cases, from the..........
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'..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Complaint against company and other Directors - Specific averment in complaint that accused persons were incharge of and in control of day to day affairs and management of accused company - Case made out u/s 141 of the Act - Order issuing process against company and other accused, held,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Recording statement of complainant - Not an empty formality - Recording statement cannot be done mechanically by simply filing details such as date of cheque, name of bank etc. in a format already kept ready - Order issuing process without..........
Indian Penal Code, 1860, Section 406, 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Complaint filed as a counter blast to the proceedings initiated u/s 138 of Negotiable Instruments Act - Summoning order u/ss 406/420 IPC - A fabricated letter produced with the plea that entire amount was paid and even on receiving the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Complaint dismissed - Leave to file appeal dismissed by High Court - Reasons for refusing to grant leave not given - Held, that High Court should have reappreciated the entire evidence on record independently and returned its findings objectively, as regards..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Petition to quash order of cognizance - Concurrent findings of fact of two Courts below not open to interference - Accused to produce relevant documents in support of his evidence...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Limitation - Question as to whether cheque was presented to the drawer's Bank within limitation - It is a matter of evidence which can be decided at the appropriate stage at trial...........
