Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Specific allegations that applicant is director of accused/company along with other accused and they are collectively involved in core functioning of company including all its major decision making - Whether applicant was playing active role in day to day affairs of company at..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - Complainant pursuing his case for 7 years and remained absent on three consecutive dates due to medical ailment - There was no reason to disbelieve certificate issued by doctor merely because it was issued by dentist - Complainant is a senior citizen who..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Filing of complaint u/s 138 of the Act through power of attorney is perfectly legal and competent...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Alteration of payee's name in a cheque is material which affects character of instrument and so also relationship of parties and their legal position as originally expressed...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Alteration of payee's name - Amounts to material alteration - Failure of complainant to prove that material alteration of the cheque was done or made by accused himself or with his consent - Material alteration of cheque without consent of drawer makes the instrument void and no criminal action lie..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - An accused is not entitled to give evidence on affidavit - S.145(1) of the Act does not confer a right on accused to give evidence on affidavit - Right available to a complainant to adduce evidence by affidavit in lieu of examinatio, i, chief, is not available to an accused...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 137 -- Dishonour of cheque - An accused is not entitled to give evidence on affidavit - Affidavit of examinatio, i, chief of accused is no examinatio, i, chief of accused - Tendering of a witness for cross examination, without conducting examinatio, i, chief amounts to giving up of the witness -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Respondent having no objection for compounding - Judgment of conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Accused stated that he is earning his livelihood somehow by doing private job and as such he is not a position to pay the compounding fee - Held, it is an appropriate case to exempt the accused from paying the compounding fee...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - As per evidence on record, complainant failed to produce any documentary evidence regarding consultancy provided by him and collaboration agreements - Even, there is no explanation for four years delay in issuance..........
