Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Existence of a debt or legally enforceable liability - Can only be decided after parties lead evidence - Proceedings cannot be quashed on the ground of non existence of debt or legally enforceable liability...........
Negotiable Instruments Act, 1881, Section 139 -- Presumption - Rebuttal - Standard of proof on accused is only mere preponderance of probability - Where in a case complainant fails to prove that he had means to advance a huge amount as he himself had been borrowing money from others, the burden placed on accused stands discharged inspite of the fact that accused himself..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Advancing loan of a huge amount of Rs.3.16 lakhs - Complainant himself used to borrow money from his brothers, father and others - Complainant failed to show that he had any financial capacity to advance such a huge amount - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 147, 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Power of court - Held, even a convict undergoing imprisonment with liability to pay amount of fine imposed by Court and/or under an obligation to pay amount of compensation if awarded, as per scheme of N.I. Act, can compound the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Extension of date of cheque - When a drawer revalidates cheque from time to time, which is permissible, then on each occasion there is a fresh promise as envisaged by S.25 of Contract Act as well as an acknowledgment within the meaning of S.18 of Limitation Act if such revalidation is made within the..........
Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 69(2) -- Dishonour of cheque - Complaint by unregistered partnership firm is maintainable...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt or other liability - Refers to enforceability in law of the debt or the liability in question and not to the right of the person enforcing it - If there is no legal impediment for enforceability of a debt or other liability in general, disability of a particular individual..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Good supplied - Cheque issued for amount due as price of such goods - No rebuttal evidence adduced to disprove the claim - Contention that goods had not been supplied patently false - Amount required to be paid as price of articles or goods is a legitimate debt or liability and it is a legally..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent through registered post - Notice received back with postal endorsement 'Unclaimed' - Held, presumption is of due notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Sufficient money to honour the cheque was not in the account - Accused is liable under the Act...........
