Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mentioning of wrong cheque number in complaint and/or legal notice - Other factors are also required to be seen - Original cheque was placed on record and the same was exhibited - Cheque as well as signatures on cheque admitted - Mentioning of wrong cheque number in the complaint or in the legal notice..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Issuance of cheque and signatures thereon admitted - Presumption is attracted in favour of complainant - In absence of contrary evidence on behalf of accused presumption goes in favour of complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Case is of the year 2009 and 13 years have elapsed - Interest of justice would suffice if sentence of one year is modified in lieu of compensation of Rs.1 lakh over and above 9 lakhs compensation...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once there is no denial of issuance of cheque and signatures thereupon, presumption available u/ss 118, 139 of the Act comes into play...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan in the joint name of husband and wife - Cheque issued by husband who was a co-borrower - Non impleadment of wife is of no consequence as far as these proceedings are concerned - Being co-borrower husband is under liability to discharge liability for which he issued cheque and same was dishonoured...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Vicarious liability - Without specific allegations in the complaint reflecting the role of accused, persons named cannot be summoned in case u/s 138 r/w S.141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Vicarious liability - Joint liability to pay a debt will not be sufficient to make a person vicariously liable u/s 141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Vicarious liability - Complaint cannot be quashed merely on the ground that no particulars are given in the complaint about role of director if the basic averment was sufficient to make out a case in the complaint...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Vicarious liability - Petitioner was Director of Company at the time when offence was committed - However, dishonoured cheques had not been signed by petitioner/director - Averments made in the complaints even if fully accepted, documents annexed thereto ex facie..........
Negotiable Instruments Act, 1881, Section 138, 118, 20 -- Dishonour of cheque - Writing on cheque - Name of payee written in different ink will not per se render cheque invalid in view of Ss.118 & 20 of the Act...........
