Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - To rebut the presumption u/s 139 of the Act, mere denial regarding existence of debt shall not serve any purpose - However, accused has to raise probable defence which require to create a doubt with regard to existence of debt or liability...........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - If notice is issued to correct address of accused and if notice is not served due to the reasons assigned in returned legal notice, it is deemed that notice is served to accused in terms of S.27 of General Clauses Act r/w..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused took the defence that five cheques were issued to father of complainant and father of complainant filed a case through his son - However, stand taken by accused and also in the cross-examination of PW1 that there was seven cheques issued to father of complainant as a security..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere filing of civil suit for recovery is not a bar for initiation of proceedings u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Complaint filed prior to introduction of S.143-A of the Act - Since application of S.143-A of the Act was held to be prospective in nature, trial Court committed error in directing payment of interim compensation - Order of interim compensation quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint liability - S.138 of the Act does not speak about joint liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint liability - A person other than the person who has drawn the cheque on an account maintained by him, cannot be prosecuted for the offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Sole proprietorship firm cannot be brought within ambit of S.141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Sole proprietorship firm - Vicarious liability cannot be attached on the employees of sole proprietorship concern vide S.141 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sole proprietorship firm - Only the proprietor is liable u/s 138 of the act as proprietorship concern and proprietor are one and the same...........
