Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proclaimed offender - Accused is a student and was helping his father in his family business and also he was pursuing his study, he was not at home and therefore, he could not be served and further that summons issued to him have not been received by him and anyone else in his family and neither he had..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Neither signatures on cheques nor issuance of cheques disputed - Enabling transaction indicate that there was payment of advance amount by complainant to accused and said sale agreement came to be cancelled and accused issued cheques and same got dishonoured - Accused has not..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance and issuing summons - Quashing of order - Offence by company - Cheques were issued in favour of complainant whose payment were stopped - Admittedly, notices were sent which were deemed to have been served and amount involved in..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused admitted his signature on cheque and the fact that cheque belonged to his account, complainant had the benefit of presumption u/s 139 of the Act to the effect that cheque was issued towards discharge of debt or liability...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Committee - Liability of - "...association of individuals" - Association of individuals should be of similar nature as companies and partnership firms - Committee thus comes within the purview of company as defined under the Explanation of S.141 of the Act - Accused Nos.2 & 3 who issued the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Offence by company - Form no.DIR-11 clearly evidences that petitioner resigned on 15.06.2016 and was no longer responsible for conduct of business of accused no.1 company on the date of commission of offence - Even, cheque in..........
Negotiable Instruments Act, 1881, Section 138, 145(2), 143A -- Dishonour of cheque - Failure of accused to deposit a sum equivalent to 20% of cheque amount within a period of 60 days thereby which trial Court rejected application filed by accused u/s 145(2) of the Act - Validity of said order - Merely because application is filed u/s 145(2) of the Act, accused would not..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Non-Executive Director - Where accused has resigned from Company and Form 32 was also submitted with Registrar of Companies then in such case if cheques are subsequently issued and dishonoured, it cannot be said that such an accused is in charge and responsible for conduct of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution of cheque - Mere admission or establishing of signature does not amount to proving of execution of cheque and where a person claims that he got cheque towards repayment of debt that was legally recoverable from accused - Under such circumstances it is incumbent on part of complainant to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in favour of complainant for the amount due to complainant and 12 others - Only an amount of Rs.20,000/- is due to the complainant and balance amount of Rs.2,40,000/- belongs to 12 others - Without power of attorney or authorization or any other evidence authorising the payee or holder in..........
