Section 138 of the N.I-It appears that both, the Learned Trial Court as well as the High Court, have committed error in shifting the burden upon the complainant to prove the debt or liability, without appreciating the presumption under Section 139 of N.I. Act.
NEGOTIABLE INSTRUMENTS ACT, 1881 – Section 138 – Agreement for
sale – Cheques issued by the purchaser pursuant to the agreement for
sale was not honoured due to insufficient fund – Complaint filed for
dishonour of cheques – Accused moved High Court under section 482
of Cr.P.C – Proceeding quashed by High Court holding that the
cheques have not been issued for creating any liability or debt but for
the payment of balance consideration – The question arose as to
whether High Court was correct in quashing the proceeding – Held, No.
Section 138 /148 Read with section 143A of the N.I. Act-Whether the first appellate court is justified in directing the appellants – original accused who have been convicted for the offence under Section 138 of the N.I. Act to deposit 25% of the amount of compensation/fine imposed by the learned trial Court, pending appeals challenging the order of conviction and sentence and while suspending the sentence under Section 389 of the Cr.P.C., considering Section 148 of the N.I. Act as amended? Held yes.
Section 138 of the NI Act, 1881-Issuance of successive notices is permissible under the provisions of Section 138-Condonation of Delay-The CJM condoned the delay on the cause which was shown by the appellant and it is evident that the appellant had indicated sufficient cause for seeking condonation of the delay in the institution of the complaint.
Notice unclaimed and notice refused has the same meaning and to be understood as valid service SUPREME COURT OF INDIA Appeal (crl.) 1015 of 1999 K. BHASKARAN vs SANKARAN VAIDHYAN BALAN AND ANR. […]
Giving notice is not same as receipt of notice, giving is a process of which receipt is the accomplishment
Here the notice is returned as unclaimed and not as refused. Will there be any significant different between the two so far as the presumption of service is concerned? In this connection a reference to Section 27 of the General Clauses Act will be useful.
KEYWORDS:- Cheque issued towards the compromise of a Complaint bounced- If the cheque was issued in terms of the compromise, it did not create a new liability. As the compromise did not […]
Keywords :- Stop Payment – Mismatching signature- November 27, 2012- Heavy onus lies on the court issuing summons in such cases as the trial is summary in nature. The category of ‘stop […]
Keywords:- Power of Attorney (i) Filing of complaint petition under Section 138 of N.I Act through power of attorney is perfectly legal and competent. (ii) The Power of Attorney holder can depose and verify […]
Section 489 Whoever dishonestly issues a cheque towards repayment of a loan or fulfilment of an obligation which is dishonoured on presentation, shall be punished with imprisonment which may extend to three […]
Negotiable Instruments Act 1881-This Act may be called The Negotiable Instruments Act, 1881