Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties settled by executing memorandum of settlement agreement - Accused already paid the amount settled between parties - Offence in question allowed to be compounded by invoking powers u/s 147 of the Act r/w S.320(8) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - When execution of negotiable instrument is admitted, passing of consideration is admitted and signature on cheque is admitted then Court may draw presumption u/s 118 of the Act and Court shall draw presumption u/s 139 of N.I Act in favour of holder of negotiable instrument...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - If any Negotiable Instrument is supported by consideration, Court shall draw presumption under the provisions of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Plea of misuse of cheque - To substantiate such contention accused did not enter witness box nor produced any documents - Complainant has proved that cheque was issued by accused towards discharge of legally enforceable debt i.e. towards hand loan received by him - Accused rightly convicted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account maintained by husband and wife - Cheque signed by husband only - Wife not liable for cheque drawn by her husband from the joint account relating to both of them - Proceedings qua wife quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account maintained by husband and wife - Cheque signed by husband only - It is only the drawer of cheque who can be made an accused in proceeding u/s 138 of the Act - Proceedings qua wife quashed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant had discharged the initial onus of proof by proving five ingredients as contemplated u/s 138 of the Act - Onus of proof shifted to the shoulders of accused - However, there is no material on record to substantiate plea of discharge - Material on record shows that cheque..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have resolved their differences and have compromised the matter - Accused is a poor person, thus, 15% of cheque amount towards costs of litigation can be waived off in the interest of justice - Parties are allowed to compound the offence in terms of S.147 of the Act..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of income tax returns of complainant - Income tax returns of complainant needed due to certain response elicited during course of cross-examining complainant - By allowing the application, complainant cannot claim that he will be put to hardship and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Right of accused to cross-examine complainant closed after giving him sufficient opportunities - However, accused cannot be deprived of his right to defend himself since right to cross-examine is akin to right to defend - Although ample opportunities have been granted to accused and matter is pending..........
