Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Delay in filing of complaint - Nothing mentioned in prayer clause to condone delay in filing complaint nor Court concerned condoned delay suo moto while passing summoning order - Trial Court without considering legal provisions for..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Liability u/s 138 of the Act is civil in nature and in case the parties have arrived at compromise, same should be accepted to give quietus to litigation...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - In a prosecution u/s 138 of the Act, there is a presumption that cheque was issued in discharge of the debt asserted by complainant - However, this presumption can be rebutted by accused by preponderance of probability...........
Negotiable Instruments Act, 1881, Section 138, 139, Evidence Act, 1872, Section 21 -- Dishonour of cheque - Admission - Can accused rely upon his own bank account statement and contend that he had not transacted with complainant at all ? - No - As it is not the case of complainant that he gave loan by cheque - Moreover, account statement of accused is admission, which can..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Blank cheque - Presumption - Blank cheque leaf, voluntarily signed and handed over by accused, which is towards some payment, would attract presumption u/s 139 of the Act, in absence of any cogent evidence to show that cheque was not issued in discharge of a debt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Leave to appeal - There is material variation in respect of the date when cheque in question was issued - Even, explanation offered by accused u/s 313 of Cr.P.C is regarding misuse of cheque - Prosecution case itself raised serious doubts and therefore, trial Court has rightly extended..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Offence by company - Vicarious liability - Neither petitioner was director of company when cheque in question was issued nor petitioner was responsible for conduct of business of company at relevant time - Therefore, no vicarious liability can be fastened upon petitioner u/s.141 of the Act for..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65B -- Dishonour of cheque - Computer generated invoices - Certificate u/s 65-B of Evidence Act not produced which was incumbent upon complainant to produce certificate as required u/s 65-B of Evidence Act and to examine the Accountant - Merely because in the income tax record, complainant firm has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused neither signatory of cheque nor having account in bank - Accused cannot be punished for offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Though presumption u/s 139 of the Act will enure to the advantage of the complainant, yet accused can discharge burden by preponderance of probability...........
