Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Necessary averments in the complaint that accused were director of company and they were in charge and responsible for conduct of business and even cheque was issued by A-2 - It is not necessary that in averments of complaint particular terminology that `person accused was in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Cheque alleged to be issued for repayment of loan - However, accused contended that he had not taken any loan as alleged and that blank cheque signed by him was given by way of security which has been misused by complainant company - When accused pleaded that cheque was given..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once accused admits his signature on the cheque, he cannot escape from his liability on the ground that same has not been filled by him - Accused rightly convicted...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque for expert opinion - Application u/s 45 of Evidence Act cannot be allowed as a matter of course - There must be some material before Court to satisfy itself to refer the cheque for expert opinion - Defence of accused is yet to be established before Court..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Undated letter purportedly written by accused was sought to be exhibited by complainant - Objection was raised by accused and made a application that letter be sent to a handwriting expert - However, issue might become clearer after examination of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of defence evidence - Ten dates were fixed for accused to adduce defence evidence - Accused did not produce any witness and kept on praying for adjournment - They kept on protracting the proceeding - Trial Court justified in closing defence evidence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of accused during pendency of appeal filed by complainant against order of acquittal - Appeal abates on death of accused - Application for substitution of L.R's of deceased accused rejected...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Self cheque issued by drawer without endorsement attracts S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Loan transaction - Time barred debt - Quashing of summoning order - Whether transaction is time barred or not has to be considered only after trial not at preliminary stage or at the time of taking cognizance - Petition for quashing held, dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Issue involved between parties needs full fledged trial - Grounds urged before Court by accused can be raised before trial Court during course of trial and sitting u/s 482 Cr.P.C, Court cannot quash the same - Moreover, Magistrate..........
