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BOMBAY HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 3-- Dishonour of cheque - Appeal against acquittal - Appreciation of evidence - Even though complainant adduced sufficient evidence on the point of formation of firm, running business and on the point of dissolution of firm but he falls short in proving the case of settlement of accounts and arrival..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391-- Additional evidence at appellate stage - Dishonour of cheque - Acquittal - Appeal against - Dismissal of complaint for failure to prove that complaint is filed by duly authorised person of partnership firm - Placing on record partnership deed - Held, complainant ought be granted one chance to..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Application for dropping proceedings qua petitioner - Proprietor/firm is one of accused in proceedings - Same is represented through petitioner as being its proprietor - Claim of petitioner to drop proceedings against him is without any merit when cheque in question is issued..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption of liability - Accused admitted business relations with complainant - Balance amount against accused was clearly reflected in ledger account of complainant - Accused too acknowledged his liability on account reconciliation written on letter pad of his firm -..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Proprietorship firm - Complaint against proprietor without impleading firm as party - Complaint is maintainable as proprietor himself is liable to pay amount of cheque as accused and complainant were having business transaction and cheque issued by accused (proprietor of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Appreciation of evidence - Complainant specifically stated in cross examination that accused filled cheque in his own writing and delivered same to him on different date but writing over cheque can be judged from naked eye that name of complainant..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued by firm - Managing Director - In absence of firm being arraigned as an accused, Managing Director cannot be held vicariously liable of the charge levelled against him - Conviction and sentence of petitioner set aside...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Vicarious liability - Offence by partnership firm - Prosecution launched against only one of the partners of partnership firm, without joining partnership firm - Complaint is not maintainable - Process issued against accused quashed and set aside...........
KERALA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 141, 142-- Dishonour of cheque - Partnership firm - Complaint against partners of firm without arraigning partnership firm as an accused - Held, complaint is not maintainable...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Proprietorship firm - Proprietor alone is liable - Concept of vicarious liability is not attracted in a case of proprietorship firm - Process issued against Manager of proprietorship concern, quashed...........

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