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1 - 10 of 25 (0.55 seconds)Section 141 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 92 in The Indian Evidence Act, 1872 [Entire Act]
Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 91 in The Indian Evidence Act, 1872 [Entire Act]
Section 138 in The Indian Evidence Act, 1872 [Entire Act]
The Transfer Of Property Act, 1882
Sangeeta Batra vs M/S Vnd Foods & Ors. on 1 July, 2015
v. Ram Kumar Gupta HUF
that the purpose of the provision (Section 138 N.I. Act) would become
otiose if the provision is interpreted to exclude cases where debt is
incurred after the drawing of the cheque but before its encashment.
Reference may also be made to the judgment titled as Sangeeta Batra vs
M/S VND Foods, (2015) 3 DLT (Cri) 422 in this respect. The debt/
liability existed at time when the cheques were presented for encashment
as the rent had fallen due in advance at the beginning of the calendar
month for which the cheques had been issued. The said cheques were
dishonoured on presentation and the appellants/ accused persons failed to
make the payment of the amount due against the cheques despite service
of the statutory legal notice. Accordingly, the ingredients of the offence
under section 138 of the Negotiable Instruments Act are made out and
the appellant/ accused no. 1 company is clearly liable to be convicted
and was rightly convicted for the said offence.