Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint filed u/s 420 IPC - Magistrate forwarded complaint to police for investigation u/s 156(3) Cr.P.C. - Complainant pleaded all necessary averments and allegations to invite an offence u/s 138 NI Act - Trial Court..........
Negotiable Instruments Act, 1881, Section 138, 142, 142A -- Dishonour of cheque - Jurisdiction - Constitutional validity of amended provision conferring jurisdiction at place where cheque is delivered for collection through an account where payee and holder maintain his account - Amendment does not take away fundamental right of accused, as he still has a right to defend..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - With direction to deposit 30% of cheque amount - Condition not harsh - However, at the most petitioner may be entitled to some instalments for making such payment so as to make him convenient to deposit such..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Complainant is required to establish case beyond reasonable doubt and accused can discharge its burden by preponderance of probabilities - This can only be done on basis of cross examination of witness of complainant and any other material available on record - It is not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - S.138 of the Act being a piece of penal provision has to be strictly construed and there is no scope for its liberal interpretation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards sale consideration - Purchase of land by petitioner - Cheque issued by respondent No.2 - It is the respondent No.2 who issued the cheque is liable u/s 138 of the Act - Proceedings against petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complaint u/s 138 of the Act - In the instant case, accused issued 3 cheques to purchase vehicle from complainant - Out of 3 cheques only 1 cheque was honourned by making cash payment and other 2 cheques were dishonoured - As per accused, he has made cash payment of other 2..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - - Issuance of three cheques - Cash payment made qua one cheque and said cheque returned - Two other cheques dishonoured - Defence of accused that two cheques were not returned and misused by complainant, as he has paid entire purchase money which is not probable, as if first cheque was returned by..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Offence by company - New management took over company during dispute between accused/company and complainant - Complainant misused blank signed cheque issued in year 1994, on strength of report of Chartered Accountants - Even, accounts in which cheque was drawn, already stood..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued for debt due or by way of security - Difference - If cheque is issued for debt in present, but payable in future, than it amounts to debt due, but, if cheque is issued for debt which may become payable in future upon occurrence of contingent event, it will amount to cheque by way of..........
