Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant failed to establish that cheque was drawn by accused on an account mandated by him with a banker, which on presentation was dishonoured for insufficiency of funds - Necessary ingredients of offence u/s 138 of the Act not established by complainant - Presumption u/s 139 of..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Jurisdiction - Quashing of proceedings - Question of lack of jurisdiction and delay in submitting complaint has to be agitated in the trial Court - Filing of complaint in Court at place `L' does not appear to be wrong or erroneous - It does not come out..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint against company through Managing Director - No body named as Managing Director - Prosecution of company without naming any person as Managing Director is defective as even in case of holding Company guilty, no one can be sentenced - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director of company as accused No.2 - Complaint not filed assigning the role of accused No.2 specifically and therefore complainant against accused No.2 is not maintainable - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company/Corporation - Complaint by constituted attorney - Attorney not examined - No resolution of company in his favour either by Board of Directors of the complainant corporation or by Managing Director - Complaint not instituted through authorized person - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Parties resolved their differences in Mediation - Out of total sentence, accused already undergone 1 month and 10 days of actual sentence as on date - Conviction and sentence set aside - 15% of cheque amount towards costs of litigation can be waived off in the interest of justice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Evidence on record establish issuance of cheque by accused to complainant for loan transaction - Even, accused not disputed his signature on cheque - Moreover, contention of accused that complainant illegally taken away his brief case containing cheque books and signed papers raises genuine doubt in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Money lender - Merely advancing loan to three or four persons does not lead to inference that complainant is carrying on activity of money lending as a business - Moreover complainant expressly denied that he had given any loan on interest to public persons...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Advancing loan of more than Rs.20,000/- in cash and thus violating S.269-SS of Income Tax Act, 1961 - Any person violating the Income Tax Act would attract imposition of penalties under the said Act - However, same does not render said debt u, enforceable or precludes the lender from recovering the..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of Bank manager along with relevant record - Defence of accused is that cheques were stolen and his signatures are forged - Court vide its earlier order permitted accused to summon Bank Manager with relevant record in his defence - However, when..........
