Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378, 256(1), 302 -- Dishonour of cheque - Accused acquitted u/s 256(1) Cr.P.C. on the finding that complainant ceased to be in existence and there was no application by a competent person to continue the prosecution u/s 302 Cr.P.C. - Appeal filed by firm is incompetent...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Once the holder of the cheque received the cheque of the nature mentioned in S.138 of the Act, the presumption u/s 139 would arise that it is for the discharge, in whole or in part or any debt or other liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Once the holder of the cheque received the cheque of the nature mentioned in S.138 of the Act, the presumption u/s 139 would arise that it is for the discharge, in whole or in part or any debt or other liability - But, such a presumption is rebuttable and the accused can..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Cheque amount Rs.7.2 lakhs - Accused taking plea that signed cheques were stolen by his employee who had close relationship with complainant - Accused had also lodged a report with police and instructed his Bank to stop payment - Plea of complainant of cash payment -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred debt - Amount paid to accused on 3.3.2001 - Cheque issued dated 20.11.2003 - Finding of Magistrate that debt was time barred set aside...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Plea of returning amount in presence of two witnesses - These two witnesses not examined - Complainant not cross examined regarding repayments - Story of repayment came for first time in statement of accused u/s 313 Cr.P.C. - Case of accused inconsistent and self..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Payment made - Complainant not agreeable - Held, even if cheque amount is paid it does not absolve accused of criminal offence if complainant is not agreeable to the compromise...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by firm of Joint Hindu Family - All the members can be roped into as the drawers of the cheque though signatory is one of them...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Joint Hindu Family business - Deemed juristic person like a company or firm...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt or liability - Cheque issued to discharge debt of another person - It becomes a cheque issued in discharge of legally enforceable debt or other liability for the purpose of S.138 of the Act - Accused is liable u/s 138 of the Act...........
