Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - It would not be open to Court to set aside acquittal unless judgment of acquittal under appeal appears to be perverse or based on misappreciation of evidence...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - Proprietor alone is liable - Concept of vicarious liability is not attracted in a case of proprietorship firm - Process issued against Manager of proprietorship concern, quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Debt or other liability - Liability should be in existence at the time when cheque is returned unpaid and not when cheque was delivered or on the date that cheque bears...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Scope of S.138 of Act would cover cases where ascertained and crystallized debt or other liability exists on the date that cheque is presented, and not only to case where debt or other liability exists on the date on which it was delivered to seller as a post-dated cheque, or as a current cheque with..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt or liability - Cheque issued precisely to secure the debt/liability that may arise under contract on account of accused undertaking the share sale/purchase transactions on credit basis through complainant broker - Cheque in question when presented was in respect of a..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Notice - Refusal - Cause of action to file complaint arises on the day on which payee gets back the returned notice - Payee is not liable to wait for expiry of 15 days from the date of refusal to get the cause of action accrued - However, in case notice is received by drawer, cause of action..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Cause of action - Date of accrual of cause of action varies in accordance with `receipt' or `refusal' of notice as the case may be...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Reduction of sentence - Since the sentence imposed on petitioner is disproportionate with the nature and gravity of offence u/s 138 of the Act, therefore, substantive sentence of S.I for 3 months would stand reduced and modified to S.I for one day till rising of Court and petitioner is given 5..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Hand loan of Rs.95,200/- - Loan amounts creates a doubt - No person would ask for loan of Rs.95,200/- unless there are special reasons for the same - Moreover issuance of two cheques to repay the loan amount also further creates doubt - No material to establish existence of loan liability except..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Though a presumption u/s 139 is in favour of the complainant as to issuance of cheque towards legally recoverable debt, there is no presumption as to the existence of legal liability - It is for complainant to prove and establish that accused was due to pay..........
