Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Presumption - Rebuttal - Accused recorded his statement u/s 313 Cr.P.C. but not adduced any evidence to rebut the presumption that cheque was issued for consideration - Once the facts came on record remain unrebutted and supported with evidence on record..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Joint liability - Cheque issued by husband - Prosecution of husband and wife - Wife seeking quashing of complaint on the ground that dishonoured cheque was issued by her husband and not by her and account in question is not a joint account and that she was neither signatory to the cheque nor cheque..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Joint liability - S.138 of NI Act does not speak about joint liability - Even in case of a joint liability, in case of individual persons, a person other than a person who has drawn the cheque on an account maintained by him, cannot be prosecuted for the offence u/s 138 of the Act - A person might..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Joint liability - S.141 of the act relate to offence by companies and it cannot be made applicable to individuals...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Joint liability - Plea that `Company' means any body corporate and includes a firm or other association of individuals' - Held, two private individuals cannot be said to be "other association of individuals"...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Complainant not a licensed money lender - Presumption u/s 139 of the Act not available - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Examination of handwriting and fingerprint expert - Comparison of signatures on cheque - Cheque in question had not been returned by bank on account of difference in signatures but on account of insufficient funds - No purpose therefore, would be served in..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit by accused - Accused cannot be permitted to file affidavit in lieu of examination-in-chief in proceedings u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant be afforded one more opportunity to adduce evidence by producing and marking cheque return memo in question through a competent witness - Matter is remanded to trial Court for fresh disposal, after affording opportunity to parties to adduce fresh evidence in continuation of evidence already..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Admittedly, accused has not taken any appropriate steps to secure back his blank cheque alleged to have been given by him to complainant at time of loan transaction - Had he really issued a blank cheque as a security in previous loan transaction, accused should have necessarily taken appropriate steps..........
