Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Company - Complaint by power of attorney holder - When attorney is totally unaware as to how when and why cheque was issued, he cannot prove execution merely on the basis of available record - Presumption will arise only when execution of cheque is proved - If complainants witness has no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - Power of attorney holder being an authorized representative of company, can file a complaint and give evidence but he must have either witnessed transaction or must possess direct knowledge of transaction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - A person who only became associated with company after transaction and who relies purely on records, cannot prove execution of cheque or transaction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - No specific averment in complaint that attorney holder witnessed the transaction as an agent of company or that he is having knowledge regarding transactions and execution of cheque - His proof affidavit shows that he became conversant with facts of case..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 223 -- Dishonour of cheque - In a complaint filed u/s 138 of NI Act there is no need for Magistrate to issue summons to accused before taking cognizance...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Proviso - Dishonour of cheque - Delay in filing complaint - Condonation of delay must precede the act of taking cognizance...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint allegations disclose that cheque was issued for discharge of liability - Ingredients of S.138 of N.I. Act are prima facie made out from complaint allegations - Order of quashing set aside - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings at threshold - Court is required to examine whether allegations made in complaint along with materials in support thereof make out a prima facie case to proceed against accused or not - In exceptional circumstances, Court may take..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - There is no enabling provision in Cr.P.C for entertaining an application for amendment of complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendment sought for is having the effect of substituting name of complainant and accused after 27 years of filing complaint - Name of complainant and accused cannot be substituted at appellate stage and that amendment sought for does not relate to a curable infirmity that can..........
