Dishonour of Cheques

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Description
Including Chapters on
► Insufficient Funds
► Stop Payment
► Post Dated Cheques
► Account Closed"
► Signatures not matching
► Blank Cheque
► Directors Liability
► Jurisdiction
► Trial Proceedings
► Appeals
and many more...
With Special Chapter on Landmark Judgments
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Contents
1. Introduction
2. Classification, Nature and Purpose of Offence
3. Quasi-Criminal Proceedings
4. Ingredients
5. Conditions Precedent to be Satisfied
6. Notice
    Service of Notice' under Section 138(B), N.I. Act
    Presumption as to Service
    Addressee Refuses to Receive Notice
    Payment may be made within 15 Days of Receiving Summons if Notice
    Not Received
7. Presumption under section 139
    Rebutting the Presumption
8. Necessary for Accused to Appear in Witness Box
9. Complainant to Prove Financial Capacity
10. Cheque is Presented for Encashment more than once
11. Stop Payment
12. A Post-Dated Cheque?
13. Account Closed
14. Signatures Not Matching
15. A Blank Cheque
16. Where to File a Case for Section 138 Offence?
17. Fiduciary Relationship Between Complainant and Accused
18. Complaint by a Company
19. Can Defect be Rectified Later?
20. Offence by Companies
21. Specific Averments Against the Directors
22. Managing Director/Joint Managing Director on a Different Pedestal
23. Partner
24. Online Proceedings
25. Interim Compensation to the Complainant
26. Will 'Account Closed' Amount to 'Insufficient Funds' under Section 138,
       N.I. Act?
27. Dispension of Bank Account & E-Mail ID
28. Moratorium under Section 14, IBC Covers Section 138, N.I. Act
      Proceedings against Corporate Debtor for Cheque Dishonour
29. Can a Person other than a Person who has drawn the Cheque on an
      Account Maintained by him, be Prosecuted for the Offence under
      Section 138 of the N.I. Act?
30. Preponderance of Probabilities
31. Can Section 138 of the N.I. Act be Amended to Allow One Trial for
       Multiple Cases from Single Transaction
32. Whether Section 258, CrPC is Applicable to 138 Cases?
33. Whether Condition of Pre-deposit of Fine Amount be Imposed to Hear
       Revision Petition Filed by Convict?
34. If Signature on Cheque is Admitted, whether Presumption under
       Section 139 will be Raised
35. Can Complaint be Proceeded with once the Accused and Complainant
       Enter into a Settlement Agreement
36. Are Summons to Directors Justified if Complaint Avers that they were
       in Charge & Responsible for Conduct of Business of Company?
37. Dishonour of Cheque Issued as a Security can also Attract Offences under
      Section 138, N.I. Act
38. Merely because Complaint Mentions Managing Director's Name First,
      whether it can be held that Complaint is not on Behalf of Company
39. Whether Section 138, N.I. Act is Attracted even in Cases where Debt is
      Incurred after Cheque is Drawn but before Presentation
40. Whether Section 202(2), CrPC is Applicable to Complaints under Section 138,
      N.I. Act in Respect of the Examination of Witnesses on Oath
41. Differences in Section 143A and Section 148 of the N.I. Act
      Stage of application of section 143A and section 148
      To whom is the amount supposed to be deposited/granted
      What is the percentage of amount that has to be granted/deposited?
      Prospective or Retrospective
      Whether the Court is required record reasons?
42. Cheque is Invalid
43. How can the Object of the Act be Accomplished?
44. Jurisdiction of Courts/Magistrate under Section 138, N.I. Act
     Code of Criminal Procedure (CRPC)
     Negotiable Instruments Act
45. Trial Proceedings for Offences under Chapter XVII of N.I. Act
46. Payment Pending Appeal against Conviction
47. After Trial Proceedings with Respect to Conviction and Acquittal
Format of Notice under 138, N.I. Act
Format of Section 138 Complaint
Format of 143A Application
Landmark Judgments on the Dishonour of Cheques
The Negotiable Instruments Act, 1881
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Author Details
Wasim Beg, Advocate
Partner, L&L Partners Law Offices
Former Additional Advocate General, Jammu & Kashmir
Muneeb Rashid Malik, Advocate
Associate, L&L Partners Law Offices