Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of defence - Accused alone has to take plea of defence and burden cannot be shifted to complainant, as it is within special knowledge of accused as to why he is not to face trial u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Issues involving facts raised by accused by way of defence can be canvassed only by way of evidence before trial Court and same will have to be adjudicated on merits of case and not by way of invoking jurisdiction u/s 482 Cr.P.C at..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings Issues involve disputed question of facts and law and cannot be decided unless and until parties go to trial and lead their respective evidence - Though invariably initial phase of litigation u/s 138 of N.I. Act depends on how well..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proceedings u/s 138 of the Act are quasi criminal in nature - Principles which apply to acquittal in other criminal cases are not applicable in the cases instituted under the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Presumption u/s 139 of the Act is that holder of a cheque received the cheque for the discharge, in whole or in part, of any debt or other liability - To rebut this presumption, facts must be adduced by accused which on preponderance of probability (not beyond reasonable..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Presumption - Rebuttal - Accused did not lead any evidence to rebut the presumption - Statement of accused recorded u/s 313 Cr.P.C. is not a substantive evidence of defence, but only an opportunity to accused to explain the incriminating circumstances..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Presumption - Rebuttal - Accused recorded his statement u/s 313 Cr.P.C. but not adduced any evidence to rebut the presumption that cheque was issued for consideration - Once the facts came on record remain unrebutted and supported with evidence on record..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Joint liability - Cheque issued by husband - Prosecution of husband and wife - Wife seeking quashing of complaint on the ground that dishonoured cheque was issued by her husband and not by her and account in question is not a joint account and that she was neither signatory to the cheque nor cheque..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Joint liability - S.138 of NI Act does not speak about joint liability - Even in case of a joint liability, in case of individual persons, a person other than a person who has drawn the cheque on an account maintained by him, cannot be prosecuted for the offence u/s 138 of the Act - A person might..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Joint liability - S.141 of the act relate to offence by companies and it cannot be made applicable to individuals...........
