Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial capacity - Not questioned at the very first instance by not replying the statutory notice - In such situation burden to prove case beyond reasonable doubt cannot be shifted upon complainant - Statutory presumption u/s 139 of the Act continued and it was for accused to discharge the onus by..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Evidence on affidavit by accused in his defence - Dismissal of application - Calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signature of accused on cheque is genuine and nor forged as per forensic examination - Defence of accused is that his cheque book had been fraudulently obtained by complainant by forging his application - However, bank witness deposed that other cheques from same cheque book issued by..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Trust - Trust being an association of persons would be company in terms of S.141 of the Act - Cheque was issued by or on behalf of Trust - Trust is therefore, principal offender - All the persons who are officer bearers of Trust being incharge of day-to-day affairs of Trust, shall also be liable..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Trust - Prosecution of President and Secretary of Trust - In the absence of Trust being a principal offender, prosecution against applicants would be hit by provisions of law - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 239 -- Dishonour of cheque - Discharge - Case is tried as a summary trial - Procedure prescribed for summons case is applicable for summary trial - In case of summary trial or trial of summons cases, there is no provision for discharge of accused like S.239 and S.245 Cr.P.C - Application..........
Negotiable Instruments Act, 1881, Section 138, 56 -- Dishonour of cheque - Part payment made - Not endorsed on the instrument in compliance with the mandate of S.56 of the Act - Entire cheque amount cannot be said to be legally enforceable debt - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138, Indian Contract Act, 1872, Section 23(f) -- Dishonour of cheque - Cheque issued towards return of money advanced by complainant to accused to provide a job to son of complainant - Such an agreement was not enforceable by law, as it is against public policy and is void - Debt or other liability under such agreement cannot be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Incorrect cheque number mentioned in the notice - Mention of wrong cheque number in notice does not attract provision of S.138 of the Act - Complaint not maintainable - Acquittal calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Amendment to S.148 of the Act is merely procedural and hence it's application would be retrospective in nature and would apply to all pending appeals as well...........
