Negotiable Instruments Act, 1881, Section 138, Stamp Act, 1899, Section 35 -- Dishonour of cheque - Complaint u/s 138 of the Act - Complaint through power agent - Admittedly, cheque not issued on date of execution of power of attorney - Rather, power to institute complaint u/s 138 of the Act mentioned in power of attorney which was given earlier, will not lead to..........
Negotiable Instruments Act, 1881, Section 138, Stamp Act, 1899, Section 35 -- Dishonour of cheque - Complaint u/s 138 of the Act - Complaint through power agent - Power of attorney admitted by principal - Signing by power agent in place earmarked for principal and principal signing in place earmarked for agent will not invalidate power of attorney - Moreover, by putting..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Mere denial or rebuttal by accused in reply notice is not enough to rebut presumption - Accused has to prove case by cogent evidence that there is no debt or liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act - When in cheque, payee's name is written in one ink and remaining body of cheque is written in another ink, it cannot be presumed that cheque is not a valid document...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complaint u/s 138 of the Act - Presumption - When payment to accused is proved through statement produced by accused and issuance of cheque by accused is not denied then mere non production of pronote and day Book Ledger, though summoned is not fatal - Accused rightly convicted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Director - Vicarious liability - Before issuance of cheque, Director of a company who resigned from his post of Director and resignation duly accepted by Company vide its resolution passed in the meeting of its Board of Directors and Certificate to this effect also issued by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Complaint u/s 138 of Act - Dismissed in default - No serious effort made to effect service upon accused - Dasti summons were not taken by complainant - However, notice were issued through registered post - Once summons have been issued, it is duty of Court to procure service of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards discharge of loan - Source of funds to advance loan not explained - Relationship with accused also not disclosed so as to give accused unsecured loan of Rs.8 lacs which is a heavy amount - Bank record to show withdrawal not produced despite grant of time - Acquittal calls no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque by guarantor - Cheque is not towards debt but towards other liabilities - Issuance of cheque as security stand on different pedestal than the cheque issued by guarantor - Cheque issued by guarantor is for discharge of liability towards payment - Held, cheque is covered by S.138 of the..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Pay order issued by appellant bank, on instructions of Citi Bank, New York - Payment stopped on instructions received from Citi Bank, New York - There was no transaction between appellant bank and respondent No.2 - Question of liability of debt in favour of respondent No.2 does not survive for..........
