Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Cheque issued by son - Perusal of record shows that in complaint, complainant is not stating any liability against accused who is son of `M' - Even there is no evidence on record to show that accused ever stood surety or given in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt or other liability - Words `for the discharge in whole or in part, of any debt or other liability u/s.138 of the Act, states that cheque must be drawn towards discharge of either whole or in part of any debt or other liability - If amount covered by cheque is more than whole of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan amount - Financial capacity of complainant - Non filing of ITR - Pales into insignificance when loan transaction and outstanding liability is clearly evidenced by Memorandum of Settlement, receipt executed by accused on the same day and promissory note...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards advance payment - Cannot be treated as subsisting liability and dishonour of such cheque does not attract liability u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Burden of proving that cheque had not been issued for any debt or liability is on accused and that stop payment has not been asked because of insufficiency of funds...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Cheque even if issued as a security for payment, it is a negotiable instrument at the hands of payee - Merely because it is issued as a security is no ground to exonerate the penal liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once a cheque is issued for discharge of any debt or liability it shall be presumed that it was issued by drawee - Burden is upon accused to disprove that it was not issued by him...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - As per S.138 of the Act, there must be money transaction between accused and complainant and cheques must be issued in discharge of debts and other liability - Thus, mere issuance of cheque is no offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Cheque issued in discharge of personal liability of petitioner - Transaction alleged in the complaint is a transaction with the petitioner personally - Signatory of cheque is petitioner himself - Company concerned has no role to play in the transaction - Merely because rubber stamp of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter finally settled between parties and liability is discharged - Accused has already deposited 10% of cheque amount with Punjab State Legal Services Authority, in compliance of Court's order - Permission to compound offence u/s 138 of the Act granted - Conviction and..........
