Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Trial - Additional evidence - Additional evidence of complainant was essential for just decision of case - Opportunity afforded is fair for the reason that it does not allow making of new case or something which is inherently repugnant to case already made out..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Proceedings against directors - Quashing of - Issuance of process against petitioner and co-accused - Petition filed by co-accused for quashing of criminal proceedings has already been dismissed by Court - No dispute that petitioner..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Case of accused that he had handed over the cheque only as a security - Though he had discharged debt/liability due to complainant but cheque was not returned to him - Held, contention is unacceptable since accused did not send any notice nor did he take any action to get back..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Prosecution of guarantor in individual capacity - Quashing of complaint - Held, a person named as a guarantor in loan agreement cannot be prosecuted as an accused in a case u/s 138 of the Act - Complaint quashed - Petition allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Locus standi - Complaints were filed by "R" as proprietor of M/s.Resoursys - He being the proprietor of firm in whose favour cheque in question was issued - Held, he was only competent person to file complaint being its proprietor...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Transaction between parties took place at Delhi - Cheques in question were issued at Delhi - They were deposited for encashment in bank at Delhi and that drawee bank of petitioner was stated to be at Delhi - Held, Delhi Court apparently had territorial jurisdiction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Contention of accused that Co-operative bank had advanced some amount to accused for the purpose of supplying rice to various ration shops by Co-operative Bank and he had only handed over signed blank cheque leaves to Bank - No records with Co-operative Bank showing such payment of advance..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - There were business transactions between complainant and accused and some amount was due from accused to complainant - There were so many transactions between parties - Complainant failed to produce relevant bill books and entries in account books - Held, opportunity has to be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Accused was a driver who used to drive lorry owned by complainant - Case of complainant that he had lent Rs.4,85,000/- to accused and cheque given by accused in discharge of debt got dishonoured - Complaint failed to produce any document to show that he was in fact having that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent through registered post on correct address - Return of notice - Held, it is sufficient compliance of proviso to S.138 of the Act...........
