Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Premature complaint - Payment not made at all - It causes no prejudice to the accused - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Summoning order on basis of Affidavit - Non examination of the concerned official who deposed in support of the complainant - Summoning order quashed - Matter remitted for reconsideration...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 - Available only when it is proved that cheque was drawn by accused - To draw a cheque it must be prepared by the drawer himself or cause the relevant details in the cheque to be filled up by another person under his instructions but the cheque shall be signed by the drawer..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 101 -- Dishonour of cheque - Defence - Failure on the part of the accused to establish his case does not automatically be a ground to hold that the prosecution has proved its case - U/s 101 Evidence Act the burden is on the prosecution to prove its case and such burden is not discharged by showing..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Presumption is available only when it is proved that cheque was drawn by the accused - Court can decide this only from evidence produced on record as to whether cheque was filled by accused or by the complainant under instructions of accused or it was filled by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Debt - Cheque issued for amount borrowed - Not stated as to from where and on what date it was borrowed - Held, there is absolutely no satisfactory evidence as to incurring of debt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Probability of prosecution case does not depend upon the improbability or falsity of defence case...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director's responsibility - Complainant has to specifically show as to how and in what manner the accused alleged director was responsible for the conduct of business of the company or otherwise responsible to it in regard to its function - Allegations bald and general in nature -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of witness - Bank witness produced but through oversight the dishonoured cheque and memo issued by Bank not exhibited - It is a case of oversight and not an attempt to fill in the lacuna - Production of cheque and memo is necessary for the just decision..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Death of complainant during pendency of complaint - Son came forward to continue the proceedings - He is competent to conduct the proceedings initiated by the deceased father - Dismissal of petition on death of complainant set aside and son allowed to continue..........
