Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Accused cannot escape liability on the ground that cheque in question was a security cheque, as same is integral part of commercial process and same acts as a deterrent for drawer against dishonouring his financial commitment and cam also be used towards discharging the liability of..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Accused not disputed his signatures on cheque in question - Prima facie there is no fact proved on record to rebut presumption in favour of holder of cheque - Defence raised by accused seems to be an afterthought and did not inspire confidence to both the Courts..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - - Sale of 2 properties took place between parties - Cheque which is subject matter of the case was issued in respect of only one of the properties and transfer of money which had taken place was in respect of another property - Even, belated plea which has been taken is insufficient to overcome the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - If a blank cheque has been given towards a liability and the cheque is filled up and presented to the bank, the person who has drawn the cheque cannot avoid the criminal liability u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction by trial Court - Acquittal by appellate Court - Plea of accused is that complainant obtained cheque from him in order to give him loan and neither returned the said cheque nor gave any loan instead misused the said cheque for filing complaint - Not replying to notice nor filing any police..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant proved on record cheque issued in his favour by accused, which on presentation were dishonoured - Neither any illegality in judgments of convictions nor they suffer from any jurisdictional error - 11 years have elapsed since institution of complaint - Accused is poor person, so in place of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Complainant has successfully proved by leading cogent and convicting evidence that accused issued cheque in question for discharge of his lawful liability - Accused failed to rebut the presumption of issuance of cheque in favour of complainant - Since despite..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan agreement - There is no requirement of a loan agreement to be executed separately as any alternative nature of transaction was never stated...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by Company - Managing Director filed complaint on behalf of company - Name of Managing Director stated first followed by post held by him in the company - There is no fundamental defect in the complaint...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by company - Managing Director filed complaint on behalf of company - No elaboration in complaint as to authorisation - A Manager or a Managing Director ordinarily by the very nomenclature can be taken to be the person in-charge of the affairs of Company for its day-to-day management - It..........
