Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Can only be rebutted when there is probable defence - It cannot be probable defence that complainant has no capacity to pay the money until and unless an initial defence is set up by a reply notice or accused examines his witnesses and relies upon documentary evidence...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Can only be rebutted when there is probable defence - In the instant case signatures in the cheque not challenged and no evidence to that effect is reflected in the cross examination of complainant - No material produced to show as to how the cheque was in possession of complainant as..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Petitioners ceased to be Directors of Companies as on the date of issuance of cheque - Registration of complaint against petitioners for offence punishable u/s 138 of the Act held, not sustainable - Proceedings qua petitioners quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 2(wa) -- Dishonour of cheque - Complainant in a case u/s 138 of N.I Act is not a victim as defined u/s 2(wa) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4) -- Dishonour of cheque - Appeal against acquittal - Complainant in a case u/s 138 of N.I. Act is not entitled to file an appeal against acquittal according to provision of S.372 Cr.P.C rather he may prefer an appeal before High Court invoking provision of S.378(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Complainant is expected to allege that persons named in the complaint are in-charge of affairs of Company - It is only Directors of Company or Partners of Firm who will have special knowledge of role that they play in Company - Burden would be on Board of Directors..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Contents of notice, reply given by noticee and contents of complaint would form an important part of arranging accused into proceedings u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Complainant produced certain documents before Court in terms of Ss.7(1)(c), 168, 170(2) of Companies Act, which depict petitioners to be whole time Directors and promoters of Company - Said documents would become circumstance enough for petitioners to be hauled into..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Full address of accused not mentioned in postal receipt - However, correct address of accused mentioned in the complaint and notice of demand - It cannot be presumed that notice was sent at the wrong address - Notice whether received by accused can be determined during trial - Complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Presumption of receipt of notice by drawer of cheque can be raised only if notice has been despatched through registered post to his correct address - Such inference cannot be drawn if notice has been sent on incorrect address of drawer of cheque...........
