<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1998 (3) TMI 713 - BOMBAY HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=312827</link>
    <description>Dishonour of a cheque on stop-payment instructions remained actionable under section 138 of the Negotiable Instruments Act because issuance of the cheque triggered the statutory presumption under section 139, and the drawer could not defeat liability merely by telling the payee not to present it. Mens rea was treated as unnecessary in the statutory scheme. The complaints also disclosed a prima facie case, so objections that some partners were dormant or uninvolved were matters for trial and did not justify quashing at the threshold under section 482 of the Code of Criminal Procedure. The process issued by the Magistrate was sustained.</description>
    <language>en-us</language>
    <pubDate>Tue, 17 Mar 1998 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 11 Mar 2024 14:49:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=746432" rel="self" type="application/rss+xml"/>
    <item>
      <title>1998 (3) TMI 713 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=312827</link>
      <description>Dishonour of a cheque on stop-payment instructions remained actionable under section 138 of the Negotiable Instruments Act because issuance of the cheque triggered the statutory presumption under section 139, and the drawer could not defeat liability merely by telling the payee not to present it. Mens rea was treated as unnecessary in the statutory scheme. The complaints also disclosed a prima facie case, so objections that some partners were dormant or uninvolved were matters for trial and did not justify quashing at the threshold under section 482 of the Code of Criminal Procedure. The process issued by the Magistrate was sustained.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Tue, 17 Mar 1998 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=312827</guid>
    </item>
  </channel>
</rss>