Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - There is no evidence that complainant advanced amount to accused and accused indebted to complainant for said amount - Moreover, as per complainant, accused executed promissory note but there is no such promissory note on record to prove allegations - Order..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction in two cases - Complainant same in both the complaints - Sentence to run concurrently in both the cases...........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Condonation of delay - Trial Court condoned delay of 61 days after recording its satisfaction about sufficient cause - Order calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, 142, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Condonation of delay - Delay of 61 days in filing of complaint - Legislature in its wisdom has conferred discretion on Magistrate to condone delay after recording its satisfaction about sufficient cause for not making complaint within prescribed period of limitation..........
Negotiable Instruments Act, 1881, Section 138, Power of Attorney Act, 1882, Section 1A, 2 -- Dishonour of cheque - Complaint filed by power of attorney holder - Complaint does not contain any averment that power of attorney holder has knowledge of said transaction - Even, said averment is absent in affidavit tendered by power of attorney holder - Though, power of attorney..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Limitation - Complaint u/s 138 of the Act filed by power of attorney holder - Issue relating to date of receipt of notice is question of fact, which cannot be adjudicated in quashing petition - Plea of quashing complaint on ground of limitation is rejected...........
Negotiable Instruments Act, 1881, Section 138, Power of Attorney Act, 1882, Section 1A, 2 -- Dishonour of cheque - Complaint filed by power of attorney holder - Power of attorney not presented alongwith complaint - It is no ground to quash prosecution because it is always open to complainant to come to witness box and ratify acts of power agent...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - S.141 has application only if company has committed an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Cheque issued in discharge of personal liability of petitioner - Transaction alleged in the complaint is a transaction with the petitioner personally - Signatory of cheque is petitioner himself - Company concerned has no role to play in the transaction - Merely because rubber stamp of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter finally settled between parties and liability is discharged - Accused has already deposited 10% of cheque amount with Punjab State Legal Services Authority, in compliance of Court's order - Permission to compound offence u/s 138 of the Act granted - Conviction and..........
