Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Joint liability - S.138 of NI Act does not speak about joint liability - Even in case of a joint liability, in case of individual persons, a person other than a person who has drawn the cheque on an account maintained by him, cannot be prosecuted for the offence u/s 138 of the Act - A person might..........
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..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques drawn need not be in discharge of drawer's liability alone...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - A drawer whose defence denying liability for payment of cheque amount having been found by Court on evidence to be either not proved or improbable, has ordinarily no right to contend that demand notice returned as unclaimed was not sent in his correct address and thus, resist presumption of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Signature on cheque and fact that cheque drawn on account of accused not disputed by accused - Liability on accused was established - Discharge was not established by accused - Complainant succeeded in proving existence of a legally sustainable debt and cheque remained unpaid even after..........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Additional evidence at appellate stage - Dishonour of cheque - Documents sought by accused to demonstrate that cheque was drawn by way of security only and to contest the quantum of liability of which cheque was already drawn - Omission to produce said documents before trial Court..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When signature on cheque has been admitted and it belongs to accounts of accused, then under such circumstances S.139 of the Act raises a presumption of law that cheque which has been duly drawn was given in discharge of debt or liability and burden shifts upon accused to rebut said..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Accused alleged to have issued cheque in question towards part payment of loan availed by him - Defence of accused that signed blank cheque was given by him at the time of sanctioning the loan agreement along with other cheques and said cheque was misused by complainant..........
Negotiable Instruments Act, 1881, Section 138, 141, 482 - - Dishonour of cheque - Quashing of proceedings - Proprietorship Firm - Liability of proprietor - Cheque has been issued by original accused No.1/Proprietorship Firm and signed by its Proprietor - Said cheque is drawn from bank account maintained by original accused No.1 - Held, it cannot be said that for dishonor..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Burden of proof - Trial court dismissed the complaint by relying upon statement of complainant that he had given cash to accused and thereafter accused gave him a cheque in order to guarantee - Held, here guarantee has been used in a very loose manner by revisionist/complainant - It certainly does not..........
