Negotiable Instruments Act, 1881, Section 138, Income Tax Act, 1961, Section 269SS -- Dishonour of cheque - Cash transaction of Nine lakhs - Any violation of S.269SS of Income Tax Act does not render the transaction unenforceable u/s 138 of the Act or rebut the presumptions u/s 118 and 139 of NI Act. (Paras7 & 8)..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit compensation amount - Appellate Court must make efforts to prioritize hearing appeals filed against conviction u/s 138 of the Act and decide the same within 60 days of filing and not later than 90 days where appellant is not in a a position to deposit compensation amount as ordered..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Any initial defect as regards authorization at the time of initiation of complaint is a curable defect which can be subsequently cured during the course of trial or even at the appellate stage...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Production of documents - Case fixed for arguments - Documents in question are statement of account being maintained by public bank in usual course of its business - Documents are necessary in order to prove transactions between parties for showing existing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where drawer of a cheque intentionally appends a different signature on cheque, which does not match with his specimen signature available in bank, offence u/s 138 of the Act would be constituted against drawer...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where a drawer intentionally with a view to prevent honour of cheque, makes overwriting/alterations in cheque, either in amount mentioned in cheque or in the date mentioned therein, without authenticating these overwritings or alterations, offence u/s 138 of the Act would get attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - So long as an act or omission on the part of drawer of cheque is intended to prevent cheque being honoured, dishonour would become an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Alteration in the amount mentioned in cheque qualifies to be a material alteration within the meaning of S.87 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration in cheque - Issue as to whether the alterations made in cheque, which is subject matter of complaint, have been made at the instance of petitioner or at the instance of respondent, can be determined only after trial as the same is a question of fact which cannot be gone into..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Liability of partners - Applicants being partners of Firm cannot escape from their liability because a partnership firm is not really a legal entity separate and distinct and it can have a legal persona only when it is considered along with its partners...........
