Negotiable Instruments Act, 1881, Section 138, 139, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Account closed - Theory of blank cheque - No reasonable prudent man would normally keep blank signed cheque - Plea of accused that he had handed over one blank cheque to `S' at time of his retirement who subsequently returned it but he lost cheque while travelling -..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Insufficient funds - Expert opinion - Theory that signed cheque was misplaced which is misused by complainant - Expert opinion to ascertain age of ink - Held, no prudent man and that too of stature of Managing Partner would normally keep signed blank cheque in careless..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 255, 302 -- Dishonour of cheque - Death of complaint - Legal heir permitted to conduct prosecution - Cannot be treated as complainant or a substitute for the complainant - In case legal heir of deceased complainant is absent, Court shall not acquit accused u/s 256(1) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Accused ready to settle the amount in forty installments for which complainant not agreeable - Held, admission itself is sufficient and there need not be any proof of admission - Accused have to be held guilty of the offence u/s 138 of NI Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed by person on behalf of complainant company - Complainant was payee and juristic person - No resolution had been passed in favour of said person either to file complaint or to depose in favour of complainant - Held, case being criminal in nature, it was for said person to prove that he..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Complaint - Pendency of summary suit for recovery of amount - Stay of - Validity - Held, merely because Summary Suits were filed by respective petitioners to recover the amount under cheque in question, Magistrate is not justified in staying further..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by Company - Accused/petitioners filed respective affidavits wherein they admitted that they are authorized signatories of company - However, they took plea that they have distributed business affairs of the company and thus not liable for any act or conduct of the affairs of the company -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction - Held, payee of cheque has the option to present the cheque in any bank including the collecting bank where he has his account - But to attract criminal liability of drawer of cheque such collecting bank is obliged to present cheque in drawee or payee bank on which cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Appeal - As per bank witnesses cheque was dishonoured on account of two grounds viz. insufficiency of funds and difference in signatures - Trial Court assumed that ground of insufficiency of funds was added later on in said bank memo - Held, since bank witness in cross-examination affirmed..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Complaint - Compounding of offence - Entire amount due and payable by petitioner to respondent under cheque in question has been paid by petitioner - Held, parties permitted to compound offence committed by petitioner u/s.138 of N.I. Act - Consequently, on deposit of Rs.67,200/- being 15% of total..........
