Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of Cheque - Enforceable debt - Complainant alleged that an amount was borrowed by accused for domestic purpose from the Finance company in which complainant is one of partners - Complainant despite an opportunity failed to produce the relevant records in regard to disbursement of loan in favour of accused -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of Cheque - Enforceable debt - Accused took plea that blank cheque was issued to finance company when he took loan of small amount and which is already repaid but cheque was not returned on pretext that same has been misplaced - The cheques bearing serial numbers subsequent to serial number of cheque in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 482 -- Dishonour of cheque - Application of respondent firm seeking permission of Court to lead evidence of one of partners of firm to prove some facts, allowed by Magistrate - Quashing of order - Applicant did not challenge the said order and also participated in the proceedings -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 482 -- Dishonour of cheque - Additional evidence - Application of respondent firm to examine its banker as a witness allowed by Magistrate - Validity - `A' always claimed to be partner of complainant-firm which claim was disputed by applicant - If any additional evidence was sought..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 473 -- Dishonour of cheque - Condonation of delay - Delay of 1 day in filing of complaint u/s 138 of the Act - In absence of any satisfactory explanation by complainant for delay, Magistrate, on his own, by taking into account facts and circumstances of the case, cannot condone delay..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Non-executive Director is no doubt a custodian of the governance of company but is not involved in day-to-day affairs of running of its business and only monitors the executive activity - Simply because a person is director of company, does not make him..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - No specific role is attributed to appellant in commission of offence - Appellant resigned from Board of Directors much before the commission of offence - She was neither a director of accused company nor in charge of or involved in day-to-day affairs of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution contended that cheques in question were issued by virtue of Letter of guarantee thus appellant is liable u/ss 138 & 141 of Act - Dishonoured cheques were issued by company in discharge of legal liability - Appellate who gave letter of guarantee cannot be prosecuted..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Application u/s 45 of Evidence Act for sending disputed cheque for examination by handwriting expert was dismissed - As per accused cheque is not filled in his handwriting and operative part of cheque is filled by using different pens - Moreover, it will..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Jurisdiction - Dictum of Supreme Court that proceedings will have to continue where it is in case recoding of evidence has commenced as meant u/s 145(2) of the Act - Filing of affidavit of examination-in-chief - Case posted for cross examination of complainant - Held, once affidavit in lieu of..........
