Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption u/ss 139 & 118(a) are rebuttable ones - Presumption whether stood rebutted or not depends upon the facts and circumstances of each case...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Standard of proof in discharge of the burden is preponderance of a probability - Inference can be drawn not only from the materials brought on record but also from the reference to the circumstances upon which the accused relies upon - Burden of proof on accused is not as..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - The liability of a Director must be determined on the date on which the offence is committed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Vicarious liability - Sufficient averments should be made to make a Director vicariously liable for an offence committed by the Company that he was in charge and responsible to the Company for the conduct of its business - Such requirement must be read conjointly and not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ingredients of offence u/s 138 of the Act are : (i) a cheque was issued; (ii) the same was presented; (iii) but, it was dishonoured; (iv) a notice in terms of the said provision was served on the person sought to be made liable; and (v) despite service of notice, neither any payment was made nor other..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Partner - Specific averments in complaint revealing role played by them and that they looked after day to day affairs of the firm - Plea that petitioner was not a partner in firm or that he was not involved in day to day affairs of firm - Such fact to be established at trial - No..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Offence u/s 138 is compoundable without permission of Court...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320, 362 -- Compounding of offence after verdict of conviction and sentence becomes final - In such a case High Court can exercise its power u/s 482 Cr.P.C. as also under Article 226 and 227 of Constitution - In such a case power u/s 482 Cr.P.C. can be invoked after disposal of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque returned with bank endorsement 'present again' - Despite notice payment not made - Held, reasons for dishonour of cheque are wholly irrelevant - If despite notice amount remains unpaid then drawer of cheque is responsible u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - 'Not negotiable' - As per provision of S.138 of Negotiable Instruments Act there is no distinction between an ordinary cheque and a cheque with an endorsement 'Not negotiable' - Proceedings cannot be quashed on this ground...........
