Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Rebuttal of presumption as to issuance of cheque in discharge of legal liability - Complainant a businessman not producing any account to prove advancement of loan - Failure to produce even loan agreement - Presumption stands rebutted - To rebut presumption accused need not to lead positive..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Production of books of account maintained by complainant - Permissible only when debt or liability is disputed by accused and existence of account books/papers is admitted by complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Computers taken on rent - Blank cheques given - Destruction of computers by accidental fire - Dishonour of cheque - No averment that it was due to negligence of accused - Accused is not liable u/s 138 of the Act - Bailee in absence of any special contract is not responsible for the loss, destruction or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not received by accused - Cheque presented again - Bank not accepting the cheque - Bank had no occasion either to honour or dishonour the cheque - No cause of action - Complaint dismissed...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Delay in filing complaint - Cognizance wrongly taken - Accused discharged...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - No averment in complaint as to how and in what manner the Director was responsible for the conduct of business of Company or otherwise responsible to it in regard to its functioning - Held, even if allegations in complaint are taken to be correct in its entirety the same do not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures on cheque disputed - Request to send cheque to handwriting expert for comparison of signatures - Request cannot be declined on ground of delay...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Director - Tendered his resignation prior to issuance of cheque - Not liable for the offence committed by company - Order of issuance of process against Director quashed and set aside...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Post dated cheque - Initiation of proceedings u/s 138 of the Act - Initiation of separate proceedings u/s 420 IPC for the offence of cheating is maintainable as it does not amount to double jeopardy...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Co-operative Society - President on behalf of Society can file complaint...........
