Negotiable Instruments Act, 1881, Section 138, 141, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of directors and Chief Financial Officer of company - Only one director signed cheque in question - Held, prosecution of directors except one who signed the cheque quashed - Bare statement that they were directors and..........
Negotiable Instruments Act, 1881, Section 138, 141, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Cheque issued by a company dishonoured - Who may be prosecuted for offence committed by company - (i) The primary responsibility is on the complainant to make specific averments as are required under the law in the complaint so as to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Legality of - Cheques were issued for discharging legally enforceable debt under promissory notes - Cheque dishonoured for "funds insufficient" - Statutory notice was issued by respondent/complainant to accused - Accused received the said notice - Neither he sent any reply nor he repaid the..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Blank cheque alleged to be given as security and that blanks filled up conveniently so as to suit the case of complainant - Expert opinion as to determination of age of ink used for signatures and age of the ink used to fill up other details of cheque -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant stated that whenever he gave clothes to respondent on credit, he used to obtain a cheque from him in lieu thereof and as soon as he used to get back price of clothes he used to return cheque to respondent - In same commercial relationship he had received cheque in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of two complaints - Cheque issued by borrower as well as cheque issued by guarantor dishonoured - Two complaints filed - Guarantor had issued cheque while executing deed of guarantee that dues under arrangement will be paid without any protest and notwithstanding any dispute between borrower and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Plea that cheque was given towards security - Can only be decided in trial - Complaint and summoning order cannot be quashed on this ground...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of proceedings - Petitioner/accused filed a petition u/s 406 CrPC before Sessions Judge to transfer the case to any other Court apprehending that Magistrate has pre-determined the case and that no justice would be done to him - Conduct of petitioner..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Conviction - Legality - No reply was sent by revision petitioner/accused to statutory notice issued by complainant - Accused neither cross-examined witnesses nor let in any evidence to rebut the presumption u/s 139 of NI Act - In statement u/s 313 CrPC, about the incriminating materials, he..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2) -- Dishonour of cheque - Conviction - Sentence of fine - Correction by revisional Court - Extent of - While correcting illegality and impropriety, revisional Court has imposed fine of Rs.60,000/- upon petitioner for offence u/s 138 of the Act - Held, revisional Court is competent to..........
