Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Deletion of names of two complainants sought before recording of pre-summoning evidence - Trial Court allowed the same - Held, neither illegal nor irregular...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal in default - Revisional Court restored the complaint without giving opportunity to accused - Court in exercise of revisional powers cannot pass any orders to the prejudice of an accused unless he has got an opportunity of being heard - Impugned order set aside - Matter remitted for decision..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Director - Plea of resignation by Director - Certified copy of Form No.32 issued by Registrar of the Companies - It is a conclusive proof that Director had resigned from the Company...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Director - Plea of resignation by Director in the year 1996 and in support thereof filed certified copy of Form No.32 issued by Registrar of Companies - Director not signatory of cheque - It was nowhere mentioned in the complaint that Director was responsible for day-to-day affairs of the..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Prosecution of director - Quashing of summoning order - Ample averments against petitioner to hold that there were sufficient grounds for proceeding against him and holding that he was in charge of and responsible for conduct of business of company -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by company - Petitioner being Director of company took active part in business of Company - Petitioner resigned from Company after issuance of cheques - Held, looking to the allegation made in complaint regarding role of petitioner in assessing liabilities and issuance of cheques along with..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complaint u/s 138 of the Act - Presumption u/s 139 of the Act is in favour of holder of cheque having been issued by account holder in discharge of legal liability - It is for person issuing cheque to prove it otherwise...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Complaint u/s 138 of the Act - No evidence except self-serving evidence of accused/respondent - Even, if cheque leaves were misused, duty cast upon accused to inform banker to stop payment, against such cheques which were lost or misplaced - Accused has not..........
Indian Penal Code, 1860, Section 406, 420, Negotiable Instruments Act, 1881, Section 138 -- Conviction of accused u/s 138 NI Act - Further prosecution u/ss 406, 420 IPC is barred...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - If five different acts were done in five different localities any one of the Courts exercising jurisdiction in one of the five local areas can become place of trial for offence u/s 138 of the Act - In other words, complainant can choose any one of those Courts having jurisdiction over any..........
