Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership Firm - Petitioner represented herself as partner of Firm - However, cheque was not signed by her - More so, there is no specific averments in the complaint identifying role of petitioner towards act and conduct of business of Firm - Proceedings qua petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership Firm - Cheque was signed by petitioner as an authorized signatory of partnership firm - Petitioner is vicariously liable though subject to trial - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of cheque amount - Extension of time - Accused is ready and willing to deposit amount as directed by lower Court - However, on account of his medical condition, he could not deposit the same within time period granted by Court below - Accused granted four weeks more time to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 2(wa), 372 -- Dishonour of cheque - Complainant in a case u/s 138 of N.I Act is not a victim u/s 2(wa) Cr.P.C and therefore not entitled to file an appeal u/s 372 Cr.P.C against acquittal of accused...........
Evidence Act, 1872, Section 137, 138 -- Cross-examination - If a witness is not cross-examined, statement of witness has to be taken to be admitted. 2016(2) Apex Court Judgments 372 (S.C.) : 2016(2) Civil Court Cases 646 (S.C.) followed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused denied his signatures on cheque - Burden is upon accused to produce admitted signature and seek for an expert opinion - Having failed to do so, adverse inference is drawn against him that disputing signatures is for the formal sake of denial - Accused convicted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant was an illiterate lady and accused was an educated person - PW1 spoken about lending of money and presentation of cheque - Duty is thus, cast upon accused to establish how his personal cheque went to the hands of complainant - No explanation is forthcoming from accused - Neither accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Only requirement is that it should be a notice to demand cheque amount which was returned without realisation and there is no requirement to narrate under what circumstances cheque was issued...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non reply to demand notice - It is not mandatory or compulsory, on the part of accused, to reply statutory notice but its purpose is to advance his defence and make complainant to know about the defence...........
Evidence Act, 1872, Section 138 -- Cross-examination - Examination-in-chief of a witness cannot be taken into consideration to fasten any liability, unless opposite party is afforded a reasonable opportunity to cross-examine said witness as regards information tendered by him in his examination-in-chief...........
