Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - When a report is obtained from a private expert without the intervention of Court, and that too when originals of cheques in question are in the custody of Court, party who obtained such a report cannot insist that Court should issue summons to such a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sole proprietorship firm - Sole proprietor alone can be held liable for a cheque issued by a sole proprietorship firm for repayment of any debt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Parties entered into an agreement specifying the conditions of presentation of cheque - Parties are bound by them and cheque could not have been presented before fulfillment of those conditions...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question issued by accused with a stipulation that complainant would be entitled to encash it after receiving the bill of contract work by accused - Neither it was mentioned in the complaint nor in proof affidavit that bill was received - Cheque presented without fulfilling of said condition -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Unless contrary is proved, it is to be presumed that a holder of a cheque, received the cheque of the nature referred to in S.138 of the Act for the discharge in whole or in part of any debt or liability - However, the onus of proving that cheque was not in discharge of any debt or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Cheque issued in discharge of liability to pay - Statement of account reveals that at the time cheque came for collection in the bank, there was no sufficient funds in the account of accused to honour the cheque - Accused rightly found to have committed the offence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction by trial Court - Accused acquitted in appeal - In Revision High Court convicted accused - High Court as per S.401(3) Cr.P.C does not have authority to convert a finding of acquittal into one of conviction while exercising its revisional power - If..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - S.142 of the Act does not contemplate a report to police nor authorize Court taking cognizance to direct police to investigate into complaint...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cognizance of offence - S.142(1)(a) of the Act mandates that cognizance of offence punishable u/s 138 of the Act can only be taken upon the complaint in writing...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default for non-appearance of complainant on the date fixed without affording even a single opportunity is wholly unjustified - Default being singular ought to have been ignored by Court and to do substantial justice, it ought to have..........
