Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once issuance of cheque and signatures thereupon are not denied, presumption starts in favour of holder of cheque and once such presumption starts, onus shifts upon person issuing cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Complainant has successfully proved by leading cogent and convincing evidence that accused issued cheque in question in discharge of his lawful liability, but the same came to be dishonoured - Since despite issuance of legal notice accused failed to make good the payment,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Sentence - (i) It is compensatory aspect of remedy which should be given priority over punitive aspect; (ii) It is appropriate if sentence of imprisonment imposed is kept at the minimum unless, of course, conduct of accused demands otherwise; (iii) Sentence of fine must be sufficient enough to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Sentence - Cheque amount 10 lakhs and award of Rs.2 lakhs as compensation - Sentence of fine must be sufficient enough to adequately compensate the complainant - Sentence as imposed by trial Court set aside - Matter remitted for fresh consideration as to imposition of sentence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amount advanced by complainant`s husband to accused was not shown in income tax return - Same itself would not wash off liability of the loanee (accused) to repay the loan amount when there is nothing to doubt the factum of issuance of cheque and the story put forth by complainant regarding loan having..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - S.139 of the Act reveals that there is mandate of presumption of existence of liability and upon proof of issuance of cheque the onus shifts to the accused to rebut the presumption that the cheque was issued not for discharge of any debt or liability in terms of S.138 of the Act - In..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Writing on cheque - There is certainly no evidence to show that body writing on cheque in question is in a different hand or ink and has been made by a person other than the person who had signed on the cheque - Even, if there is any such difference in handwriting, the same would be immaterial once..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Where there is no dispute on facts and it is clearly made out from complaint and the appended documents that dishonored cheque issued by accused is admittedly for a consideration which is not a legally enforceable debt or liability, the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Complaint filed only against corporate entity - None of natural persons who were stated to be in-charge of and responsible for affairs of corporate entity were arrayed as accused - Proceedings initiated against corporate entity quashed...........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Territorial jurisdiction - Petitioners contends that whether the respondent maintains an account with the Bank within the territorial jurisdiction of trial Court or not - Respondent submits that he presented the cheque with the Bank where complainant maintains his account - Trial Court directed..........
