Negotiable Instruments Act, 1881, Section 138, 142, 142A(as -- Dishonour of cheque - Complaint u/s 138 of the Act - Territorial jurisdiction - Complainant presented cheque to Bank at Surat where complainant has account - Surat Court has jurisdiction as newly inserted provision under the Act is applicable with retrospective effect - Impugned order passed by Court below set..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Dishonour of cheque - Comparison of signatures - It is discretion of Court either to refer disputed signature to expert or to compare signature by itself u/s 73 of Evidence Act...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Expert opinion - Admittedly, accused denied his signatures on cheque, but said issue not raised in trial Court but same raised in appellate Court - No adverse inference can be drawn because it all depends upon advocate who represent accused and his legal accuman and..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Partnership firm - Cheque issued individually by accused/Managing partner from his own account maintained with his bankers - Partnership firm was not in any way associated with cheque in question and therefore, not at all a necessary party to be arraigned as an accused in complaint - Complaint..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 -- Proviso, 378(4) - Dishonour of cheque - Acquittal of accused - Order of acquittal cannot be challenged by way of an appeal u/s 372 Proviso Cr.P.C. before Sessions Court - Remedy of complainant is to file an appeal to High Court with Special Leave u/s 378(4) of the Code...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Cheque issued towards repayment of loan which was given to accused about 7 years ago - Complainant failed to identify the accused - Admittedly, son of complainant and accused were having business dealings and it was possible that cheque in question had been..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Forged signatures - Application for sending cheque to FSL - Genuineness of signatures can be ascertained by Court itself - There is no need to send the cheque for FSL examination - Application rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Summoning of additional accused - Offence by company - Summoning of Chairman and Managing Director - Examination-in-chief of a witness is sufficient to term as `evidence' as mentioned in S.319 Cr.P.C., to summon accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Summoning of additional accused - Offence by company - Summoning of Chairman and Managing Director - Additional accused can be summoned on the basis of pre-summoning evidence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Summoning of additional accused - Offence by company - Summoning of Chairman and Managing Director - Petitioner being chairman and Managing director of company was incharge and fully responsible for day to day business of said company - Since cheques were..........
