Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Report elicited from an expert through process of Court - It is not open for that party, that too in a private complaint u/s 138 of NI Act, to seek process of Court, to obtain another report, without even setting aside the first report...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - When a report is obtained from a private expert without the intervention of Court, and that too when originals of cheques in question are in the custody of Court, party who obtained such a report cannot insist that Court should issue summons to such a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sole proprietorship firm - Sole proprietor alone can be held liable for a cheque issued by a sole proprietorship firm for repayment of any debt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Parties entered into an agreement specifying the conditions of presentation of cheque - Parties are bound by them and cheque could not have been presented before fulfillment of those conditions...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question issued by accused with a stipulation that complainant would be entitled to encash it after receiving the bill of contract work by accused - Neither it was mentioned in the complaint nor in proof affidavit that bill was received - Cheque presented without fulfilling of said condition -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Unless contrary is proved, it is to be presumed that a holder of a cheque, received the cheque of the nature referred to in S.138 of the Act for the discharge in whole or in part of any debt or liability - However, the onus of proving that cheque was not in discharge of any debt or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Cheque issued in discharge of liability to pay - Statement of account reveals that at the time cheque came for collection in the bank, there was no sufficient funds in the account of accused to honour the cheque - Accused rightly found to have committed the offence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction by trial Court - Accused acquitted in appeal - In Revision High Court convicted accused - High Court as per S.401(3) Cr.P.C does not have authority to convert a finding of acquittal into one of conviction while exercising its revisional power - If..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - S.142 of the Act does not contemplate a report to police nor authorize Court taking cognizance to direct police to investigate into complaint...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cognizance of offence - S.142(1)(a) of the Act mandates that cognizance of offence punishable u/s 138 of the Act can only be taken upon the complaint in writing...........
