Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence subject to depositing an amount of Rs.75,000 - Accused failed to deposit amount of Rs.75,000 despite repeated opportunities - Time to deposit said amount was extended two times - Accused has apprehension of being arrested on account of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Account dormant - When cheque is dishonoured with endorsement `account dormant' it means `account inactive' for want of funds and same would attract an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65B -- Dishonour of cheque - Computer generated statement of account, Ext.P7, without certificate as mandated u/s 65B of Evidence Act - PW2 Deputy Manager of bank examined who gave categorical evidence that when cheque was presented, account showed `zero balance' and such statement was gathered by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant successfully proved that he had lent a sum of Rs.7 lacs to accused, who with a view to discharge his liability issued cheque amounting to Rs.7 lacs - Cheque in question was dishonoured on account of insufficient funds - All the ingredients of S.138 of the Act proved on record - Accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of Manager of bank - Account statement of accused along with requisite clarification as to return memo is essential for just adjudication of case - No irreparable loss would be suffered by accused if application to summon Manager alongwith relevant..........
Agreement to sell -- Specific performance - Post dated cheque issued towards part payment - Cheque returned as `payment stopped by attachment order' as there was raid conducted by IT Department and bank account was attached - Cheque was not returned for the reasons of insufficient funds in the bank account - Cannot be said a worthless cheque issued towards part sale..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Can only be rebutted when there is probable defence - In the instant case signatures in the cheque not challenged and no evidence to that effect is reflected in the cross examination of complainant - No material produced to show as to how the cheque was in possession of complainant as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by husband - Wife cannot be made accused for dishonour of cheque issued by her husband when cheque was not issued from joint account - Wife and other two accused do not constitute a Company or a firm or Association of individuals as contemplated u/s 141 of N.I Act - Proceedings so far it..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting and finger print expert - Accused stated in his statement u/s 313 Cr.P.C that cheque in question did not bear her signatures - Merely because cheque was dishonoured on account of insufficient funds and not on the ground of signature differs would not lead to..........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Jurisdiction - Transfer of case - S.142(2)(b) of the Act provides that the offense u/s 138 of the Act shall be inquired into and tried by a Court within whose local jurisdiction, if the cheque is presented for payment by the payee or holder in due course, the branch of the drawee bank where the..........
