Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Court to carry out proper verification before issuing process - Verifications required are : (1) Verification of a complaint on oath which should be in a proper manner i.e. all the facts necessary to constitute the offence must be borne out from the verification; (2) If Company then person representing..........
Negotiable Instruments Act, 1881, Section 138, 142, 145 -- Dishonour of cheque - Complaint - Magistrate is obliged and duty bound to examine upon oath the complainant and his witnesses before issuance of process though there is a solemn affirmation at the foot of the complaint by the complainant...........
Negotiable Instruments Act, 1881, Section 138, 142, 145, Criminal Procedure Code, 1973, Section 204 -- Dishonour of cheque - Complaint - Issuance of process - Provision of S.200 Cr.P.C. applies...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - However, cognizance taken after maturity of complaint - Mere presentation of pre mature complaint need not necessarily render the complaint liable to be dismissed - No ground to quash proceedings...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque not presented in Bank for encashment within six months from the date on which it was drawn - No offence u/s 138 of the Act is made out...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Accused borrowed money and issued two cheques - Two options were available to complainant to either get the cheques encashed or in the alternative to get plot of 100 square yards - Subsequent to the bouncing of cheques complainant did not avail of second option - Held, as there was..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal in default - Complaint can be dismissed in default when personal attendance of complaint was essential on the crucial date - Order dismissing complaint in default set aside as complaint was dismissed without considering the said question...........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption u/ss 139 & 118(a) are rebuttable ones - Presumption whether stood rebutted or not depends upon the facts and circumstances of each case...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Standard of proof in discharge of the burden is preponderance of a probability - Inference can be drawn not only from the materials brought on record but also from the reference to the circumstances upon which the accused relies upon - Burden of proof on accused is not as..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - The liability of a Director must be determined on the date on which the offence is committed...........
