Negotiable Instruments Act, 1881, Section 139, 138 -- Dishonour of cheque - Presumption - Rebuttal - Complainant Income Tax Payer - Non production of Income Tax Return or account - Held, absence of or non production of such evidence not sufficient to rebut statutory presumption...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued against loan transaction - Mere denial of loan transaction and to say that brother of complainant committed theft of cheque not sufficient - Accused allegedly lodged complaint with the police regarding theft of cheque but copy of complaint not produced - Held, court shall presume u/ss 118..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence during pendency of appeal - Deposit of 50% of the fine amount - Not mandatory - Prayer of complainant for direction to accused to deposit 50% of fine amount for suspension of sentence during pendency of appeal declined - Nothing illegal - Warrants no..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction of accused - Accused in custody and serving sentence - However parties compromised and filed joint compound petition - Held, offence u/s 138 of Act is compoundable - Thus in face of compromise, accused acquitted of offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 177, 178, 482 -- Dishonour of cheque - Lack of territorial jurisdiction - Cheque in question was drawn on a bank situated at R.N.Mukherjee Road, Kolkata and cheque was dishonoured by said bank - Demand notice was served upon complainant at his address at Kolkata - Held, Court at..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Trial - Transfer of case to another court - Recording of evidence afresh - Legality of - Held, it is only where a Court has tried the case summarily and then the case has been transferred to another Judge or other Magistrate, it would be necessary for..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Proceedings against director - Averments - Held, mere averment of persons being i, charge of and responsible to company in the conduct of its affairs i.e., averments in the nature of verbatim reproduction of S.141 of NI Act, would not suffice - Averments should be such as would..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence is compoundable - Parties allowed to compound in appeal - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint - Notice - Limitation - Starts to run from the date when notice is delivered and not from the date when acknowledge is received...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint - Delay - Condonation of delay - Application for condonation of delay has to be filed at the time of filing of compliant - Such an application filed at the stage of final hearing rightly rejected...........
