Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been amicably settled and joint memorandum of compromise signed by parties has been filed - Offence u/s 138 of the Act stands compounded u/s 147 of the Act - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Neither accused denied his signature in the cheque nor denied receipt of legal notice - Had accused initiated insolvency proceedings or had accused been abducted and cheques forcibly obtained, he would issued a reply notice setting out these facts - Moreover, after perusing original cheque Court does..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused, complainant being a financier would obtain blank promissory notes and blank but signed cheques as security without dates - Plea held, tenable as complainant admitted that he had returned promissory notes and two cheques to accused - Even, explanation given by complainant that notices..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - A Person who signs a cheque and makes it over to payee remains liable unless he adduces evidence to rebut presumption that cheque had been issued for payment of a debt or in discharge of a liability - It is immaterial that cheque may have been filled in by any person other than the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Blank cheque - Presumption - Blank cheque leaf, voluntarily signed and handed over by accused, which is towards some payment, would attract presumption u/s 139 of the Act, in absence of any cogent evidence to show that cheque was not issued in discharge of a debt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques in question was signed by accused - Though complainant alleged that co-accused had visited their premises and had promised for encashment of cheques, yet no evidence was led in support of same, which could pave the way for incurring vicarious liability - Complainant failed to prove its case..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Company not arraigned as an accused - Cheque in question is signed by applicant, in capacity of Managing Director of Company - It is thus, imperative on part of complainant to implead Company as party accused - Unless company is arraigned as an accused, order of issuance of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Cheque issued - Nothing taken in writing as accused was known to complainant and had also earlier taken loan and returned the same - Signature on cheque not disputed - In statement u/s 313 Cr.P.C. accused has not given any satisfactory expalanton as to how cheque executed and signed by him,..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Applicants being three directors of company contended that they already resigned from the post of director before issuance of cheque in question - However, as per averments in complaint, applicants are incharge and responsible for day to day trade, supervision, affairs and..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Magistrate allowed the prayer of Advocate of accused and dispensed with presence of accused, subject to advocate sign on plea - In case Advocate is willing to sign on plea in that case only such prayer for exemption..........
