Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Legally enforceable debt or other liability - Discharge of onus by accused - Held, accused can discharge onus by relying upon S.114 of Evidence Act while adducing evidence as to common course of natural events, human conduct and public or private business to prove no,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of accused - Criminal liability is not transferred to the descendants or legal heirs of the person who had issued the cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - S.138 of the Act makes only signatory to the cheque returned unpaid criminally liable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Imposition of sentence of SI for 6 months and compensation of Rs.1,40,000/- which was cheque amount - Non bailable warrant issued by Court is pending execution against petitioner - Request by petitioner to provide him period of two months to pay compensation - Held, execution of warrant, if..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction & sentence - Sentence till rising of Court with liability to pay compensation of Rs.55,000/- imposed - Petitioner/accused prayed for grant of reasonable time to settle claim of complainant - Held, Magistrate shall keep in abeyance execution of warrant for a period of one month to enable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Defence set up by accused that he had no privity of contract with complainant and issue of cheque was only as a security in relation to transaction with another - Fact that cheque was issued to complainant, a freight agent, for transporting goods of accused is practically..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Execution of sentence - Abeyance of - Sum of Rs.2,70,000/- is involved - Plea that accused is in difficult circumstances and if a breathing time is provided, he would pay off entire compensation - Held, Magistrate directed to keep in abeyance execution of sentence for a period of six weeks..........
Negotiable Instruments Act, 1881, Section 138 -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Re-submitting of cheque - Whether extends period of limitation? - Held, period of limitation begins to run from the date the cheque bounces - Said period of limitation cannot be extended by a litigant by resubmitting cheque for encashment for second time...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Case of complainant that cheque issued by accused in discharge of debt dishonoured - Contention that a signed blank cheque entrusted with one "V" in connection with purchase of a motor cycle misused by complainant - Evidence on record however does not in any way help accused..........
