Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Notice - Part payment made by respondent - Amount of cheque is higher than the amount which actually was due to complainant - Trial Court rightly held that part payment made by respondent ought to have been reflected in the notice issued by complainant - Thus, Court has chosen..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque and signatures is admitted by accused - Even, complainant has proved his case to show that accused has committed offence punishable u/s 138 of the Act as accused failed to discharge the loan borrowed by him - Moreover, complainant proved that cheque was issued for legally recoverable..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once the cheque produced on record and outstanding amount is proved without there being any rebuttal to the same, then presumption u/s 139 of the Act would operate in favour of complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offer to pay 25% of the cheque amount - Does not absolve accused of offence committed by him...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint case ordered to be tried as summons case - Quashing of order - Trial Court passed order while advancing plausible reasons - Order of trial Court to try complaint case as summon case held, proper...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Legally enforceable debt - Documents produced by accused in his evidence before trial establishes that he has a business transaction with complainant and he issued cheque in favour of complainant in discharge of his liability - Even, DW1 failed to rebut presumption raised against him..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Cheque in question dishonoured prior to commencement of provision of S.143-A of the Act - S.143-A of the Act has no retrospective operation - Order directing accused to deposit interim compensation of Rs.1 lakh thus, not in accordance with law, hence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise in between parties - Offence u/s 138 of the Act is compoundable, hence, conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Whether or not accused has repaid the entire amount, is a question which can only be decided on basis of evidence led before trial Court - Even, authorized person having due knowledge of factum of transaction of having witnessed the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signature on cheque not denied - There is thus, presumption in favour of complainant - Suggestion that cheque was issued not to the complainant, when denied, needs some corroborating evidence and without that presumption is not rebutted...........
