Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Burden is on accused to prove that dishonour of cheque was not due to insufficiency of funds and that there was valid cause including absence of any debt or liability for the stop payment...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Dishonour of cheque on the ground of stop payment is dishonour of cheque within the meaning of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of criminal proceedings - Plea that petitioners on account of alleged payment of money to M/s.KMF stood discharged of his liability qua cheque issued by them which was issued under an agreement entered into between petitioner with complainant and had..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Endorsement 'reported stolen' - Intention of drawer is clear that he wanted either to stop payment or dishonour the cheque - Dismissal of application to drop proceedings - Order upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment or closing of account - Means there was no money in the account - Held, it is squarely covered by S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reported stolen - Intention of drawer is clear that he wanted either to stop payment or dishonour the cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Accused led evidence to justify his act of stopping payment as paddy in lieu whereof cheque was issued was returned being substandard - Complainant failed to prove by leading any evidence that cheque was issued for discharge of any debt or other liability - Acquittal calls for no..........
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 - Post dated cheques - Drawer issuing notice not to present the cheque as there is some dispute with regard to amount - Accused also directed bank to Stop Payment - Cheque presented and dishonoured - Offence u/s 138 of the Act is made out - Complaint cannot be quashed once offence is made out and defence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Sufficient money to honour the cheque was not in the account - Accused is liable under the Act...........
