Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint dismissed for non prosecution - Appeal lies to High Court - Revision does not lie against such an order...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Complainant had not mentioned any date, month or year in complaint as to when alleged loan had been given to accused - He had also not mentioned anything with regard to agreement and receipt of amount - Moreover, complainant had also not examined any witness to prove receipt of amount -..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Challenge as to constitutional validity of S.143-A of the Act - Stay of entire proceedings - Entire proceedings u/s 138 of the Act cannot be stayed merely on the basis of a challenge made to constitutional validity of S.143-A of the Act, as if entire proceedings have to be stayed, it would amount..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Cheque carries with it presumption u/ss 118, 139 of the Act - Complainant therefore not required to prove debt - However, complainant is required to plead about existence of debt in complaint - Proof of debt is different from pleading of existence of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Prosecution u/s 138 of the Act is founded upon following four seminal ingredients: (i) Existence of a legally enforceable debt; issuance of cheque towards discharge of debt; (iii) dishonour of cheque and (iv) failure to make payment after receipt of statutory demand notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused is entitled to take conflicting defences, but complainant who wants to punish accused, must be consistent in his case...........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Four cheques issued on different dates for single debt - There is absolutely no reference to debt in statutory demand notices - In complaint amount of debt is quantified at Rs.3 lakhs, but there is no whisper about date on which debt was incurred -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of two cheques - Modification of sentence - Concurrent findings of three Courts below that cheques were issued by accused for amount due and payable to complainant - No interference warranted in conviction of accused - However, considering facts and circumstances of case and having regard to fact that said two..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan of Rs.75,000/- - Accused known to complainant for more than five years - Accused not explained the circumstances under which two cheques were issued - Failure to obtain promissory note or nay other document at the time of giving loan cannot be said to be fatal - Two cheques carry with them..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted - Memorandum of understanding (MOU) executed between parties - Accused willing to pay compensation amount with extra amount - In view of undertaking given by accused as also fact that accused has already suffered incarceration for more than four months, conviction and sentence set..........
