Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - When accused in his reply notice admitted the transaction itself, calling upon complainant to prove the transaction again does not arise at all - It is for accused to rebut the presumption, but he has not taken any pain to substantiate his claim regarding repayment - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Sentence - Cheque amount is Rs.5 lakhs - However, conduct of complainant in prosecuting the wife of accused in respect of cheque for Rs.10 lakhs is also questionable - It is thus, just and proper to impose fine of Rs.6 lakhs to accused which would serve the purpose - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that accused was in custody at the time of issuance of cheque but no evidence produced to prove the same - Plea that cheque was stolen by complainant in his absence - Accused is brother-in-law of complainant and in the absence of any direct and reliable evidence, it is highly improbable that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Antecedents of accused is not clean as he is involved in different criminal cases of cheating and number of complaints u/s 138 of the Act registered against him - Though accused had already undergone the sentence of 2 years, however, he refused to pay the compensation amount of Rs.10 lakhs -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If cheque is dishonoured for following reasons then it will be sufficient for prima facie case for issuing process, viz. (i) case referred to drawer (ii) instruction for stoppage of payment (iii) exceeds arrangement (iv) insufficient fund (v) signature differed or mismatch (vi) account closed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Quashing of complaint - Presumption u/s 139 of the Act or disputing the endorsement on the part of bank can always be raised during trial but same cannot be ground for quashing the complaint proceeding at initial stage...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - `Account closed'- There is no illegality in summoning the accused - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Govt. undertaking - Complaint filed by Branch Manager - No power of attorney executed in favour of Branch Manager on the date the complaint was filed - Power of attorney was executed in favour of Branch Manager much later of filing of the complaint - No clause in power of attorney ratifying the earlier..........
Limitation Act, 1963, Section 18 -- Acknowledgement of debt and liability - Payment made by defendant through cheques which got dishonoured, would tantamount to acknowledgement of debt and liability and period of limitation would stand extended by virtue of S.18 of Limitation Act - Plea that such cheque was misused, does not cut much ice...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once accused admits his signatures on cheque, presumption u/ss 118, 139 of the Act gets invoked - However, presumption is rebuttable - Accused is entitled to rebut the same by leading cogent evidence or by relying upon inherent contradictions/weakness in the evidence led by..........
