Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Third anticipatory bail application - Dishonour of cheque - Bail cancelled due to non appearance - Anticipatory bail granted twice but accused chose not to appear - Third anticipatory bail application - No ground to extend said concession for the third time - However, in case..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Can be made with reference to the evidence of prosecution as well as of defence...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Company not arrayed as accused neither in notice nor in complaint - Complaint not maintainable - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 460(e) -- Dishonour of cheque - Cognizance taken by Magistrate not empowered to take cognizance - Held, it will not vitiate the proceedings, as cognizance taken in good faith that too erroneously - Matter squarely covered by S.460(e) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Cheque signed by A2 in his capacity as Managing Partner of company/A1 therefore, A2 liable to be convicted u/s 138 of the Act - However, complainant not adduced satisfactory evidence to show that A5 was actively involved in affairs of company - In absence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint for non-prosecution - On ground of absence of complainant and her advocate - Considering absence of advocate for complainant and complainant on some occasion as recorded in Rojkam, negligence is established on part of appellant - Therefore, cost awarded to respondents - Order of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Money lender - Proof of registration as money lender not required where money advanced is as a friendly loan and not in money lending business - Order dismissing complaint by holding that Money Lender Licence under Money Lenders Act is necessary for entering loan transaction set aside and matter..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise between parties - In terms of compromise, accused deposited amount in trial Court and further stated that he has no objection, if matter is compounded - Offence compounded - Conviction set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Security cheque - Once accused admits issuance of cheque which bears his signature, there is presumption that there exists a legally enforceable debt or liability - However, such presumption is rebuttable and accused is required to lead evidence to rebut such presumption - Accused is required to..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant failed to establish that cheque was drawn by accused on an account mandated by him with a banker, which on presentation was dishonoured for insufficiency of funds - Necessary ingredients of offence u/s 138 of the Act not established by complainant - Presumption u/s 139 of..........
