Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act is rebuttable and onus is on accused to raise probable defence - Standard of proof for rebutting presumption is that of preponderance of probabilities and not beyond reasonable doubt...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Complainant and two accused were shareholders of one company - Complainant wanted to exist from company and offered to sell his shares to accused - MOU executed between parties - Complainant received the amounts only if he surrender share certificates with duly..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence on deposit of 20% of compensation ordered by trial Court - Appellate Court is not required to minutely assess merits of appeal and find out such special reasons - It is for accused to point out to appellate Court special circumstances, if any..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence on deposit of 20% of compensation ordered by trial Court - Accused had to mentioned in application any special reasons for exempting her from making deposit of amount u/s 148(1) of the Act - It was only mentioned that cause of action for filing..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Dissolution of company during pendency of proceedings - Directors and other accused cannot escape by citing its dissolution - Only company is dissolved, not personal penal liability of accused covered u/s 141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - By operation of provisions of Insolvency and Bankruptcy Code, criminal prosecution initiated u/s 138 of the Act r/w S.141 of the Act r/w S.200 Cr.P.C cannot be terminated...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 421, Insolvency and Bankruptcy Code, 2016, Section 238 -- Dishonour of cheque - Company - Application u/s 7 of Insolvency and Bankruptcy Code, 2016 accepted - Recovery of fine - Post conviction recovery of fine/compensation from assets of corporate debtor will have to be in terms of..........
Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Presumption - Once the signature on cheque is admitted, accused cannot escape his liability u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138(b) -- Proviso - Dishonour of cheque - Demand notice - There is no requirement to mention cheque number in notice...........
Negotiable Instruments Act, 1881, Section 138(b) - - Dishonour of cheque - Demand notice - Mistake of cheque number in notice does not make the notice defective or invalid...........
