Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - It is rebuttable presumption - However, onus of proving that cheque was not in discharge of any debt or other liability is on the accused drawer of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheque - Issuance of post dated cheque does not absolve drawer of cheque of penal consequences of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - If cheque is duly signed by the drawer, it is immaterial that cheque may have been filled in by any person other than the drawer - If cheque is otherwise valid, penal provisions of S.138 would be attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - If a signed blank cheque is voluntarily presented to a payee, towards some payment, payee may fill up the amount and other particulars - This in itself does not invalidate the cheque - Onus will still be on accused to prove that cheque was not in discharge of debt or liability by adducing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Prosecution based on second or successive default in payment of cheque amount - Not impermissible because no statutory notice was issued after first default and no proceedings had been initiated...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320(8) -- Dishonour of cheque - Compromise - Complainant settled the matter with accused and to that effect they have filed a memorandum of understanding stating that they have amicably settled the matter - Conviction of accused set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan of 15 lakhs - Presumption - Rebuttal - Source of funds - Complainant in his cross examination deposed that earlier accused had furnished two cheques of Rs.5 lakhs and another for Rs.10 lakhs - Nothing mentioned in complaint regarding these two cheques - Nothing stated by complainant in regard..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Complaint against Director of company without company arraigned as an accused is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Complaint against Director of company without company arraigned as an accused is not maintainable - Company cannot be arraigned as an accused now when notice of demand is not issued to company - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued - Cheque again presented and again dishonoured - Notice again issued - Complaint filed based on second statutory notice is not barred...........
