Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Merely because complainant did not examine listed witness in support of his contention about taking of loan by accused, the same cannot be discarded as a doubtful...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by one partner to the other towards his share/profit in the firm - Profit or share in a partnership firm is not a debt of one partner to the other - Both the partners in the firm are in the capacity of owners - Owners of the firm, partners are jointly and severally liable - If for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of Cheque - Quashing of complaint - Notice - Plea of non service of notice - Complainant produced certain documents to show that such notice was sent by registered post in the given address and service of same is authenticated by postal department - Moreover, Court cannot..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Managing Director - A fact denied by petitioner - Petitioner not signatory of cheque - Neither any pleadings nor any assertions that petitioner was in-charge of or was responsible to the company for conduct of business of the company - It is apparent from the print out from the site of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-responding to notice by accused - Not sufficient to initiate prosecution...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Appeal against Acquittal - Presumption carried under statute in respect of cheque stood rebutted by vital admissions suffered by complainant as at the time of advancement of alleged loan currency notes of denomination of Rs.2000/- were not in existence - Since liability alleged by complainant is..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Accused deposited the compounding fee - Conviction set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once cheque has been signed and issued in favour of holder, there is a statutory presumption that it is issued in discharge of legally enforceable debt or liability - This presumption, of course is rebuttable one if issuer of cheque is able to discharge the burden that it was..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Accused may adduce evidence to rebut the presumption - But, bare denial of passing of consideration and existence of debt, apparently would not serve the purpose of accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Application by accused for summoning of Income tax return of complainant for the year 2013-2014 - These documents are relevant to establish financial capacity of complainant at the relevant time - Application allowed - Complainant directed to produce income tax..........
