Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Trial - On the day when trial Court passed order disposing of private complaints and discharging or releasing accused, case stood posted not for hearing or disposal - On contrary case stood posted for consideration of an application filed by petitioner..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Presumption includes the presumption of the existence of a legally enforceable debt or liability - It is for the accused to explain his case and defend it once the fact of cheque bouncing is prima facie established...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back undelivered - Notice not sent at the correct address - There is no presumption of service of notice - Legal requirement of service of notice not complied with - Dismissal of complaint, upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan against cheque - Loan not shown in Income tax return - Accused cannot be allowed to take a plea that said amount becomes irrecoverable - Infraction of provision of Income Tax Act is a matter between revenue and defaulter - Advantage thereof cannot be taken by borrower...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan against cheque - Advancing loan of more than Rs.20,000/- in cash - Contravention of Income tax Act - Held, the person taking loan cannot invoke provision of Income Tax Act from recovering the advance and accused cannot refuse to make payment...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in lodging complaint - Condonation of delay - While taking cognizance reasons justifying condonation of delay not stated - Held, while entertaining time barred complaint, Court is required to consider complainant's request in the light of his/her statement on oath and any other material..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Validity - Applicant/accused not deny that he had given cheque to opposite party No.2/complainant - Contention that he had given that cheque to opposite party No.2 to pay fee of coaching institute where applicant's son intended to join - Name..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Established on record that complainant/respondent had received bearer cheque for consideration in discharge of legal liability and was holder in due course of same - Dishonour of cheque was for reason that account of petitioner/accused did not carry sufficient funds - Burden..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Amendment of complaint - Mistake in cheque number - Not only in pleadings of complaint, but in notice as well as in affidavit filed by complainant, number of cheque wrongly mentioned - Held, no provision for amendment in Cr.P.C. - Amendment in complaint cannot..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Jurisdiction - Court has jurisdiction where payment of amount as hand loan, issuance of cheque in discharge of debt and legal notice calling upon accused to pay the amount - Plea rejected that complaint can only be filed at the place of drawee bank...........
