Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Proprietorship concern - Power of Attorney holder - Complaint filed by proprietorship firm through power of attorney holder - Complaint signed by power of attorney holder and not by proprietor - Held, complaint is duly filed by the payee...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Proprietorship concerned - Power of attorney holder - Sworn statement of attorney holder - Power of attorney holder can be examined as the complainant when he is personally aware of the transactions, and the complaint is signed by the attorney holder on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Difference of amount in words and figures - Cheque not invalid - Amount stated in words shall be the amount undertaken or ordered to be paid...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of Rs.75, 000/- whereas as per cheque respondent is liable to pay only Rs.70, 000/- - Held, same not fatal to the case of complainant...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Mere denial of case of complainant does not amount to rebuttal of presumption - Accused failing to prove that as on date of dishonour of cheque he had sufficient amount in his account and that cheque has been dishonoured for reason other than want of sufficient funds - Held, it cannot..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Father and son carrying on business - Son issued cheque in his individual capacity - Father cannot be prosecuted with aid of S.141 of the Act - Provision of S.141 of the Act is applicable when offence is committed by the company or the firm and in that event any person who is responsible for conduct of..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit on the basis of cheque - Leave to defend - When defence raises a triable issue leave must be granted unconditionally whether the defence is legal or equitable and even through it may not ultimately turn out to be a good defence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent through e-mail - A notice demanding payment of amount under a dishonoured cheque can be sent electronically as well - No format is prescribed in respect of demand notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Two cheques - Accused making payment in respect of one cheque - Accused failed to make payment in respect of second cheque within 15 days of demand notice - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Three cheque issued as security for future liability which may arise for supply of goods - Dishonour of cheques - No offence made out as there was no debt or liability on the date when the said cheques were issued...........
