Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused admits her signature on cheque and issuance of said cheque - However, accused sets up a defence of issuing the cheque by way of security for loan of Rs.50,000, which is not even proved in accordance with law - Evidential burden which was cast on accused is not properly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - If offence u/s 138 of the Act is duly proved, accused is to be sentenced with a fine of twice the cheque amount as such accused is sentenced to fine twice the cheque amount...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Cheques were proved to be given by accused in discharge of liability of loan - Burden is on accused to prove as to how and when he paid the loan and why should he pay the loan without taking the cheque, which he failed to do so - Guilt of accused proved - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Sentence - Maximum sentence of 2 years is awarded to accused - However, having regard to amount involved, relationship between parties and other attending factors, sentence of imprisonment is on excessive side - Sentence reduced to three months - Fine amount shall remain unaltered...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Accused admittedly availed the credit facility to the tune of Rs.77 lakhs from complainant bank and in order to repay the sum he issued two cheques which got dishonoured - He admitted his signatures on the cheques in question - However, accused had not even sent any reply notice though she was in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question was invalid on the date of presentation before bank and same was dishonoured - No liability u/s 138 of the Act would be attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Merger of banks - Cheque issued of Allahabad bank - Allahabad bank merged with Indian Bank - Cheque issued from Allahabad Bank and presented before Indian Bank till 30.09.2021 was valid - However, in the instant case cheque of Allahabad Bank was presented in Indian Bank on 21.08.2023 - Cheque was..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once signature on cheque is admitted by accused, there is presumption u/ss 118, 139 of the Act unless contrary is proved...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Accused had not questioned the financial capacity of complainant in her reply notice - Complainant in the absence of a specific averment in reply notice with regard to his financial capacity cannot be expected to prove his means at the fag end of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Initial burden cast on complainant discharged by him - Defence of accused that cheque has been issued in favour of one `P' and misused by complainant to file a false case against accused not proved, as no positive action is taken by accused like filing a police complaint or issuing a legal notice or..........
