Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant proved on record cheque issued in his favour by accused, which on presentation were dishonoured - Neither any illegality in judgments of convictions nor they suffer from any jurisdictional error - 11 years have elapsed since institution of complaint - Accused is poor person, so in place of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Complainant has successfully proved by leading cogent and convicting evidence that accused issued cheque in question for discharge of his lawful liability - Accused failed to rebut the presumption of issuance of cheque in favour of complainant - Since despite..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan agreement - There is no requirement of a loan agreement to be executed separately as any alternative nature of transaction was never stated...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by Company - Managing Director filed complaint on behalf of company - Name of Managing Director stated first followed by post held by him in the company - There is no fundamental defect in the complaint...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by company - Managing Director filed complaint on behalf of company - No elaboration in complaint as to authorisation - A Manager or a Managing Director ordinarily by the very nomenclature can be taken to be the person in-charge of the affairs of Company for its day-to-day management - It..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by company - Managing Director filed complaint on behalf of company - Authorisation of Managing Director to file complaint - Copy of authorisation - Not required to be signed by Board Members - It is wrongly concluded that Managing Director was not authorised...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by Company - Managing Director filed complaint on behalf of company - Authorisation of Managing Director to file complaint - It states that legal action has to be taken against accused for dishonour of cheque issued by him to discharge his liabilities and he is authorised to appoint..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signatures not disputed - It is for accused to show in what circumstances cheque had been issued i.e. why was it not a cheque issued in due course...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by company - Modification of sentence - Complaint was instituted in 2006 and 15 years have elapsed since then - Accused thus, sentenced with imprisonment for a term of 1 year with fine twice the amount of cheque i.e Rs.3,20,000/- - However, in view of passage of time, if accused pays a further..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence during pendency of appeal - Condition that on non-deposit of minimum of 20% of fine/compensation, benefit of suspension of sentence would automatically vacated - Held, appellate Court in an appeal against conviction u/s 138 of the Act, while..........
