Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320(6) -- Dishonour of cheque - Compounding of offence - Compromise between parties - Conviction set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Liability u/s 138 of the Act is civil in nature and in case the parties have arrived at compromise, same should be accepted to give quietus to litigation...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Direction to deposit 20% of cheque amount as interim compensation - Bank cannot oppose the petition and if he opposed it, again very obviously petition would have to be allowed in terms of applicability of S.143-A of the Act - Order directing to pay 20% of cheque amount as interim compensation set..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Cheque in question handed over to complainant in the year 2007 - However, accused already filed a complaint regarding misuse of very same cheque in the year 2005 - Possibility of cheque being handed over to complainant in 2007 is no, existent - Moreover, complainant admitted that he..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Rebuttal - Plea of false assertions raised in reply to the notice - Assertion raised in reply to the notice admitted to be correct by complainant in his cross examination - Held, complaint and sworn statement are unsubstantiated - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Matter has been compromised between parties and as per compromise amount has been paid to complainant - Offence compounded - Complaint dismissed - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Burden of proof - When accused admitted his signature in cheques, burden is on him to prove that cheques were not issued for a `legally enforceable debt'...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - In a prosecution u/s 138 of the Act, there is a presumption that cheque was issued in discharge of the debt asserted by complainant - However, this presumption can be rebutted by accused by preponderance of probability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused, complainant being a financier would obtain blank promissory notes and blank but signed cheques as security without dates - Plea held, tenable as complainant admitted that he had returned promissory notes and two cheques to accused - Even, explanation given by complainant that notices..........
Negotiable Instruments Act, 1881, Section 138, 139, Evidence Act, 1872, Section 21 -- Dishonour of cheque - Admission - Can accused rely upon his own bank account statement and contend that he had not transacted with complainant at all ? - No - As it is not the case of complainant that he gave loan by cheque - Moreover, account statement of accused is admission, which can..........
