Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Complainant has successfully proved by leading cogent and convincing evidence that accused issued cheque in question in discharge of his lawful liability, but the same came to be dishonoured - Since despite issuance of legal notice accused failed to make good the payment,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Sentence - (i) It is compensatory aspect of remedy which should be given priority over punitive aspect; (ii) It is appropriate if sentence of imprisonment imposed is kept at the minimum unless, of course, conduct of accused demands otherwise; (iii) Sentence of fine must be sufficient enough to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Sentence - Cheque amount 10 lakhs and award of Rs.2 lakhs as compensation - Sentence of fine must be sufficient enough to adequately compensate the complainant - Sentence as imposed by trial Court set aside - Matter remitted for fresh consideration as to imposition of sentence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amount advanced by complainant`s husband to accused was not shown in income tax return - Same itself would not wash off liability of the loanee (accused) to repay the loan amount when there is nothing to doubt the factum of issuance of cheque and the story put forth by complainant regarding loan having..........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Territorial jurisdiction - Petitioners contends that whether the respondent maintains an account with the Bank within the territorial jurisdiction of trial Court or not - Respondent submits that he presented the cheque with the Bank where complainant maintains his account - Trial Court directed..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Accused not disputed his signatures on cheque in question - Prima facie there is no fact proved on record to rebut presumption in favour of holder of cheque - Defence raised by accused seems to be an afterthought and did not inspire confidence to both the Courts..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction by trial Court - Acquittal by appellate Court - Plea of accused is that complainant obtained cheque from him in order to give him loan and neither returned the said cheque nor gave any loan instead misused the said cheque for filing complaint - Not replying to notice nor filing any police..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant proved on record cheque issued in his favour by accused, which on presentation were dishonoured - Neither any illegality in judgments of convictions nor they suffer from any jurisdictional error - 11 years have elapsed since institution of complaint - Accused is poor person, so in place of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Complainant has successfully proved by leading cogent and convicting evidence that accused issued cheque in question for discharge of his lawful liability - Accused failed to rebut the presumption of issuance of cheque in favour of complainant - Since despite..........
Service -- Misconduct - Removal from service - Nature of allegations against respondent are grave in nature as he not only threatened complainant but misbehaved and abused and injured him and made false allegation against him of sexual harassment to his wife - Charges levelled against respondent stood proved by disciplinary authority in a departmental inquiry and such a..........
