Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - S.138 of the Act arises out of contractual dispute between parties - Involvement cannot be said to be an offence which affect conduct of person - Such conduct cannot be also implied to affect his good conduct...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Trust - Trust not arraigned as an accused in complaint - Complaint is maintainable against Trustee who has signed the cheque, without requirement to array Trust also as an accused...........
Negotiable Instruments Act, 1881, Section 138, Indian Contract Act, 1872, Section 25(3) -- Dishonour of cheque - Time barred debt - When cheque issued towards time barred debt is dishonoured liability u/s 138 of NI Act squarely arises...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If cheque is duly signed by drawer and cheque is otherwise valid, it is immaterial that cheque was filled by any other person - Penal provisions of S.138 of the Act would be applicable in such circumstances...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Mere fact that cheques were issued as a security pursuant to a financial transaction, then too, cannot be considered as a worthless piece of paper...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once signature and execution of cheque is admitted, a statutory presumption arises u/ss 139, 118 of the Act that cheque was issued in discharge of a debt or a liability - This presumption is rebuttable but burden lies on accused to adduce cogent evidence...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties after rejection of appeal against conviction filed by petitioner - Cost of Rs.7.5% of cheque amount deserves to be imposed upon petitioner - Conviction and sentence set aside on the basis of compromise subject to deposition of cost as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Each and every complaint u/s 138 of the Act shall contain a synopsis in the given format which shall be filed immediately after the index (at the top of the file) i.e. prior to the formal complaint, under the following heads - (a) Particulars of parties; (b) Cheque details; (c) Dishonour;..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cash transaction above Rs.20,000/- - Does not render the transaction unenforceable u/s 138 of the Act or rebut the presumptions u/s 118 and 139 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Failure of accused to reply to statutory notice u/s 138 of the Act leads to an inference that there is merit in complainant's version...........
