Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When defence of accused is not believable, inference can be drawn that he made a transaction with complainant and issued cheque for said transaction...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - (i) Appellate Court can order appellant to deposit a portion of fine or compensation or to waive such deposit and to furnish reasons for its decision; (ii) Such deposit cannot be less than an amount equivalent to 20% of the fine or compensation;..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Correction of date of cheques - Date of cheques wrongly mentioned in complaint, notice and even in affidavit filed in support of complaint - Same cannot be said to be a simple or curable infirmity but relates to a substantial infirmity - Amendment at the stage when summons have..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Vicarious liability - No averment in the complaint to the effect that appellant is in-charge of and responsible for day to day affairs of company - It is not the case of complainant that appellant is either Managing Director or Joint Managing Director of Company -..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of Cheque - Provision of S.143-A of the Act is directory and not mandatory - Word "may" used in the provision cannot be construed as "shall."(Para 19(a)..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - While deciding the prayer made u/s 143-A of the Act, Court must record brief reasons indicating consideration of all relevant factors...........
Negotiable Instruments Act, 1881, Section 138, 143A, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Interim compensation - Recovery of - Recourse can be taken to S.421 Cr.P.C for recovery of interim compensation - For recovery of interim compensation, immovable or movable property of accused can be sold by Collector...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Resignation - Perusal of Form No.DIR-32 reveals acceptance of resignation before issuance of cheque - Form No.DIR-32 are public documents, free from suspicion and can be relied upon even at the prima facie stage - Proceedings qua petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Signature on cheque not disputed - It attracts presumption - However, said presumption is rebuttable on preponderance of probabilities...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Accused in order to prove his defence and to demonstrate that complainant in a particular case did not have the financial capacity, can produce independent witness on his behalf or can demonstrate the same pointing to any lacuna in the material..........
