Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Substitution of complainant - Permissibility - Complaint u/s 138 of Act was lodged by a proprietary concern through its proprietor - During the pendency of trial, entire business of proprietary concern were taken over by a private limited company - Such company can seek substitution as a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Notice to company - There is no requirement to give separate notice to Directors of company - Such Directors who are in charge of affair of Company and responsible for affairs of Company, would be aware of the receipt of notice by the Company u/s 138 of the Act - If there is plea of Directors..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of no existing debt or liability, loss of cheque and stop payment - Accused not only signed the cheque but date thereon is also in his hand - Complaint to police about loss of cheque not proved - Stop payment prior to dishonour by itself is not sufficient to cause any grave doubt on version of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Absence of complainant - Power of Magistrate - Proviso to S.256 Cr.P.C. provides that Magistrate has discretion to dismiss complaint if on any date fixed for hearing complainant fails to appear in Court - At the same time, if Magistrate finds some reason or..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - As per the complainant, due to wrong noting down of the date neither complainant nor his counsel could appear in Court - Plea taken by complainant appears to be genuine as it would not have intentionally allowed the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Case fixed for accused appearance - Complainant bonafide is established from the fact that its representative had been appearing on each and every date of hearing earlier - Only due to noting of wrong date..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Multiple presentation of cheque - Prosecution based on second or successive dishonour of cheque is permissible, so long as cheque is valid and satisfies the requirements stipulated in S.138 Proviso of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Where cheque as well as signature are accepted by accused, presumption u/s 139 of Act would operate - Burden is on accused to disprove the cheque or existence of any legally recoverable debt or liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Plea that cheque was given in 1999 as security to a loan and that loan was repaid but complainant did not return the security cheque and further that it is the same cheque which complainant had used to implicate the accused - However, cheque was dishonoured..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Complaint u/s 138 of the Act - Once affidavit u/s 145(1) of the Act, has been filed, case reaches the stage of S.145(2) of the Act and in such cases complaint cannot be returned for want of jurisdiction...........
