Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.4 lacs - No document produced in support of loan amount - Held, this in itself is insufficient to displace the presumption available to the complainant...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Consideration - Failure on part of complainant to prove consideration - Failure also on part of accused to prove that he did not get the consideration - Presumption in favour of complainant continues and failure of complainant is not sufficient to lead one to the conclusion that presumption is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Misuser of blank cheque - Reply to statutory notice not given - `Stop instructions' not issued to bank - Unusual conduct of accused - Failure of accused to rebut the presumption - Accused, held, guilty u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise during pendency of appeal - Written compromise also filed - Conviction set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Banker's cheque - Account attached by Income Tax Department - Issuance of Bankers cheque being the result of an oversight or negligence - Offence u/s 138 of the Act is not made out - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bankers cheque issued inspite of account attached by Income Tax Department - No offence is made out - Tort of negligence is not ingredient of an offence u/s 138 of Negotiable Instruments Act, 1881...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of Cheque - Conviction - Sentence of fine and compensation - Both cannot be imposed at a time - Matter remanded for imposing effective sentence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Unsigned complaint - When mistake was brought into the notice of complainant and he offered to cure defect, he ought to have been permitted as that does not appear against intention of Legislature...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non bailable warrants issued against accused as they failed to appear inspite of many opportunities given to them - Case was fixed for recording statement of accused u/s 313 Cr.P.C. - Complaint dismissed for inability of police to execute non bailable warrants entrusted to them on the ground that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - By an order of court bank was not to make any payment from out of accounts of company - An employee of the company who issued cheques on behalf of the company cannot be made liable u/s 138 of the Act...........
