Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant is not required to spell out in the complaint the nature of transaction or source of fund, as onus is on the accused to prove that cheque was not issued towards discharge of any debt or other liability...........
Negotiable Instruments Act, 1881, Section 138, Income Tax Act, 1961, Section 269(SS) -- Dishonour of cheque - Advancing loan to accused of more than Rs.20,000 in cash - Contravention of S.269(SS) of Income Tax Act does not make alleged transaction void...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused issued 15 signed blank cheques to complainant - He chose not to reply to legal notice demanding payment of loan by complainant - Even, accused has not taken any legal steps against complainant for misuse of alleged signed blank cheques as alleged by him - Defence taken by accused is improbable -..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - No denial as to issuance of cheque and signatures thereupon - It can be presumed that cheque was issued in discharge of lawful liability - Accused rightly convicted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of Manager of bank - Account statement of accused along with requisite clarification as to return memo is essential for just adjudication of case - No irreparable loss would be suffered by accused if application to summon Manager alongwith relevant..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signatures on cheque admitted - Presumption u/s 139 of the Act includes presumption that there exists a legally enforceable debt or liability - However, the presumption is rebuttable and it is open to accused to raise a defence wherein the existence of a legally enforceable debt or..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Can only be rebutted when there is probable defence - It cannot be probable defence that complainant has no capacity to pay the money until and unless an initial defence is set up by a reply notice or accused examines his witnesses and relies upon documentary evidence...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Can only be rebutted when there is probable defence - In the instant case signatures in the cheque not challenged and no evidence to that effect is reflected in the cross examination of complainant - No material produced to show as to how the cheque was in possession of complainant as..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Contents of notice, reply given by noticee and contents of complaint would form an important part of arranging accused into proceedings u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Full address of accused not mentioned in postal receipt - However, correct address of accused mentioned in the complaint and notice of demand - It cannot be presumed that notice was sent at the wrong address - Notice whether received by accused can be determined during trial - Complaint..........
