Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Dismissal of complaint for want of prosecution - Amounts to acquittal of accused - Order can be challenged by seeking leave to appeal u/s 378(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Absence of complainant from proceedings was not willful or intentional but due to justifiable reason - Moreover, proceedings were pending for securing presence of accused - Even, Magistrate neither examined nor..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and summoning order - Complaint u/s 138 of the Act - Offence by company - Accused was Director of company - He has resigned from directorship of company in year 2006 i.e. before bouncing of cheque - However, accused was signatory to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Complainant alleged that accused availed loan from him and agreed to pay the same in monthly installment but the cheque issued for payment is dishonored - Accused took plea that the complainant had got his signatures on the blank cheques and other papers but no loan amount was disbursed to him - Absence..........
Criminal Procedure Code, 1973, Section 378, Negotiable Instruments Act, 1881, Section 138 -- Dishonor of Cheque - Appeal Against acquittal - Complainant and accused in lieu of some business venture exchanged the blank signed cheques - Complainant has not produced any evidence except the cheque in question to prove he has given any loan to accused - Accused has produced..........
Criminal Procedure Code, 1973, Section 378(4), Negotiable Instruments Act, 1881, Section 138, 139 -- Appeal against acquittal - Dishonour of cheque - Enforcement of debt - Presumption - Accused produced oral as well as documentary evidence that accused entered into business agreement with person A and both of them exchanged their two blank signed cheques - Complainant in..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Legally enforceable debt - Proof - Allegations that accused took loan for business purpose but no document on record to show as to where such amount has been withdrawn by complainant - Amount was given without executing any written document and without any interest is doubtful..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of Cheque - Enforceable debt - Complainant alleged that an amount was borrowed by accused for domestic purpose from the Finance company in which complainant is one of partners - Complainant despite an opportunity failed to produce the relevant records in regard to disbursement of loan in favour of accused -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of Cheque - Enforceable debt - Accused took plea that blank cheque was issued to finance company when he took loan of small amount and which is already repaid but cheque was not returned on pretext that same has been misplaced - The cheques bearing serial numbers subsequent to serial number of cheque in..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - No specific role is attributed to appellant in commission of offence - Appellant resigned from Board of Directors much before the commission of offence - She was neither a director of accused company nor in charge of or involved in day-to-day affairs of..........
