Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Blank cheque - Presumption - Blank cheque leaf, voluntarily signed and handed over by accused, which is towards some payment, would attract presumption u/s 139 of the Act, in absence of any cogent evidence to show that cheque was not issued in discharge of a debt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When loan amount and cheque amount are same, contention that demand made by notice was for loan amount cannot be accepted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Admittedly, as per complaint only Rs.65 lac was advanced to accused out of which as per admission made by complainant Rs.60 lac has been repaid by accused which shows that cheque amount was not outstanding towards accused - Hence, amount is not a recoverable debt - Cheque cannot be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Leave to appeal - There is material variation in respect of the date when cheque in question was issued - Even, explanation offered by accused u/s 313 of Cr.P.C is regarding misuse of cheque - Prosecution case itself raised serious doubts and therefore, trial Court has rightly extended..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Offence by company - Vicarious liability - Neither petitioner was director of company when cheque in question was issued nor petitioner was responsible for conduct of business of company at relevant time - Therefore, no vicarious liability can be fastened upon petitioner u/s.141 of the Act for..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Offence by company - Vicarious liability - Requirement of S.141 of the Act is that person sought to be made liable should be incharge of responsible for conduct of business of company at relevant time...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Offence by company - Vicarious liability - Requirement of S.141 of the Act is that person sought to be made liable should be incharge of responsible for conduct of business of company at relevant time - Since this has not been averred as a fact therefore, there is no deemed liability of..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Offence by company - Vicarious liability - Petitioner resigned from Directorship of company and date of resignation is relevant - However, in complaint there is no averment as to how and in what matter petitioner was responsible for conduct of business of company or otherwise responsible for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Plea of accused that statutory notice was not served on him and that complainant had no ability to advance amount - Plea held not tenable as on basis of statutory presumption available to notice sent by registered post in correct address and also on basis of evidence of PW2, trial Court..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion regarding signatures therein - In reply notice plea of security cheque raised - Held, in absence of any dispute raised by accused in reply notice with regard to issuing cheque in favour of complainant, trial Court was not justified in allowing prayer for..........
