Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Statutory offence - Strict liability - Held, offence punishable u/s.138 of NI Act is a statutory offence - Drawer of a cheque in certain circumstances is "deemed" to have committed an offence - Offence is of strict liability and does not require any mens rea - Penal provisions contained in S.138 of..........
Civil Procedure Code, 1908, Section 34, Negotiable Instruments Act, 1881, Section 79, 80 -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Amount involved in dishonoured cheque was Rs.9,00,000/- - Trial Court imposed a fine of Rs.100/- on first accused and directed second accused to pay compensation of Rs.1,00,000/- to complainant - Held, since complainant has established his case against second accused, therefore,..........
Negotiable Instruments Act, 1881, Section 138 -- Criminal Procedure Code, 1973, Ss.200, 202 - Dishonour of cheque - Issue of process - Magistrate considered not only the examination of complainant made u/s 200 of Cr.P.C., but also the relevant documents and then issued the process - Legality of - Held, in a case like present one, the other provisions like provisions of..........
Negotiable Instruments Act, 1881, Section 138, 143(3), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Conduct of trial - Duty of Court - Held, proceedings under NI Act shall be conducted as expeditiously as possible - A duty is cast upon Court concerned to conclude trial within six months from date of filing of complaint - At least an endeavour has to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401, 482 -- Dishonour of cheque - Conviction - Validity - Cheque in question was issued by petitioner and it was dishonoured on account of "insufficient funds" - Legal notice of demand was received from complainant and neither replied same nor made payment of cheque amount - Neither..........
Negotiable Instruments Act, 1881, Section 138, 147 -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of document - Requirement - Held, the first and foremost requirement of S.91 Cr.P.C. is about the document being necessary or desirable for the purpose of trial of the case u/s.138 of NI Act - No roving enquiry can be allowed to be undertaken into..........
Negotiable Instruments Act, 1881, Section 4 -- Pronote - It is not necessary that witness must know the person to whom the loan is being given...........
Negotiable Instruments Act, 1881, Section 118 -- Presumption - Under S.118 of the Act, there is a presumption that a promissory note has been given for due consideration - The presumption is rebuttable one...........
