Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Signatures on pronote and cheque admitted - No need to refer the matter for expert opinion...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise arrived at between parties - Complainant does not have any objection to accept settled amount and further he is ready to forego costs to be imposed - Permission granted to compound the offence u/s 138 of the Act - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Non-showing of amount spent by complainant in his income tax return, creates a doubt regarding financial position of complainant and is sufficient to rebut a presumption that cheque was not issued in discharge of a debt or liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Validity of cheques - Cheques contained the caption of "Not over Rs.10,00,000" - Amount mentioned in cheques exceeding to Rs.10 lakhs - Cheques were rightly held, as invalid cheques...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Issuance of cheques pursuant to settlement agreement - Two cheques mentioned in agreement does not specifically disclose one for Rs.34,50,000 and another for Rs.35,00,000 and there is no mention with regard to cheque numbers, date and amount in agreement - Trial Court therefore, rightly held that it..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheques - Presumption u/s 139 of the Act - Issuance of cheques pursuant to settlement agreement - Agreement disclosed that cheques were issued only for security purpose - Trial Court after verifying cheques found that signatures of accused on cheques are different from other writings in cheques - It appears..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Accused seeking permission to examine herself as his own witness - Case is posted for judgment - Accused sought an opportunity to examine herself and to prove the fact that four cheques were lost and she had to mark `stop payments' instructions to bank - Since..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to - Analysed - (1) High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints u/s 138 of the Act from summary trial to summons trial; (2) Inquiry shall be conducted on receipt of complaints u/s 138 of the Act to arrive at..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Disputed questions of fact i.e whether petitioner was Director or Authorized Signatory of accused company or petitioner's employment with accused/company was confined to maintenance of accounts, whether or not cheque in question was..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70(2) -- Dishonour of cheque - Dismissal of complaint in default - Non-bailable warrant issued against accused to secure his presence - However, warrant was not at all executed, nor cancelled and same is in force - Therefore, question of taking further steps and dismissing complaint for..........
