Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Petitioner no.2 and another accused being authorized signatories to cheque in question, are liable for prosecution for dishonour of cheques - They got covered u/s 141(2) of the Act - Proceedings cannot be..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - Conviction - There is 3 months gap as to dates of cheque and to the date of presentation and the dates of events are inexplainable by complainant - Thus, accused established a probable defence and presumption u/ss 118, 139 of the Act stand rebutted - In absence of any other..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of compensation - Prayer for waiver of pre-deposit - General rule u/s 148 of the Act is of pre-deposit and waiver is only an exception for which special reasons need to be assigned...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of compensation - Prayer for waiver of pre-deposit - Plea of petitioners that their bank account statements and their concerns to support the contention that they are not financially capable to make pre-deposit - Plea held, not tenable as mere balance of bank account cannot..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of compensation - Prayer for waiver of pre-deposit - Plea of petitioner that he is neither a partner nor signatory to the cheque - Does not enhance the case for waiver of pre-deposit - No case is made out for waiver of pre-deposit - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Issuance of process - As per averments made in complaint, accused nos.2, 3 and 4 i.e. present petitioners were incharge and were responsible for day to day business of company - Thus, basic averments as provided u/s 141 of the Act has been pleaded by complainant - Trial Court..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - FIR u/s 174-A IPC was registered in view of fact that accused was declared as proclaimed offender in proceeding u/s 138 of N.I. Act - Once main case u/s 138 of N.I Act was dismissed for want of prosecution,..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - If complainant is required to be re-examined, Court needs to pass a specific order either on application u/s 145(2) of the Act or suo-moto by the Court...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application of accused for striking off evidence has been dismissed - Quashing of order - If complainant is not allowed to file detailed affidavit, then the purpose and purport of provisions contained in NI Act would be rendered to be a nullity and the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Notice returned for reason that addressee not found cannot be held against respondent - Thus, contention of accused that complainant has not complied mandatory requirement contemplated u/s 138(b) of the Act held, not tenable...........
