Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Stop payment - Held, statutory presumption u/s 139 that cheque was dishonoured can be drawn - But said presumption is rebuttable by adducing evidence to sow that stoppage of payment was not done due to insufficient funds - Material on record indicate that drawer had grievance against complainant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proceedings dropped relying upon Supreme Court Judgment - Decision relied upon overruled by a larger Bench - Order of dropping proceedings set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Court can grant exemption from personal appearance even without first appearance...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Offence is compoundable - Parties settling the matter under which accused agreed to make payment of cheque amount - Accused failed to make payment - Held, this does not amount to admission of guilt by accused - Accused has right to contest the case on..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Offence is compoundable - Accused has no power to apply for compounding of offence - Power to compound has been given either to the complainant or affected person or other persons standing in their shoes...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 204 -- Dishonour of cheque - Complaint - Recording of sworn statement - Meaning thereof - Held, recording of sworn statement means, the statement of complainant to be recorded by Magistrate not by way of an affidavit - Affidavit does not partake character of sworn statement - Object..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Trial court convicted and sentenced accused on account of dishonor of cheque - Conviction upheld by appellate court - Application for compounding filed by complainant before Revisional Court - Complainant being a person competent to compound an offence, hence compounding..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Insufficient funds - Funds can be checked online at the bank branch where it was presented and cheque need not to be sent to the bank branch from where it was issued - Offence is committed when it is found that there are insufficient funds...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint filed by officer on behalf of company - However, no authorization executed in favour of said officer - Held, it would not vitiate complaint proceedings - It is only an irregularity which can be ratified or rectified subsequently...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Every person who is in-charge and responsible for day-to-day affairs of company is liable to be prosecuted - Complaint proceedings cannot be vitiated on ground that company not arrayed as co-accused...........