Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise during pendency of appeal filed against conviction - Complainant has no objection if judgment and order of conviction and sentence is set aside - Accused acquitted - As applicant`s financial condition is poor but he could manage funds from friends and relatives therefore, applicant..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 73, 82, 83 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Without a report on service of summons/bailable warrant of arrest was produced before Magistrate - In absence of such report, it cannot be concluded that accused has been evading arrest or..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Lack of pleadings in involvement of company or its officials in complaint would undoubtedly defeat it...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Company or firm as well as officers responsible in the respective capacity must be arrayed as accused in the complaint...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Precise pleadings must be incorporated in complaint to the effect that firm has committed offence punishable u/s 138 of the Act and that Managing Partner of firm is also guilty for being in charge of firm and responsible for conduct of business in that capacity...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Non-joining of company or firm and person responsible for its affairs in their respective capacities and for not incorporating precise pleadings about holding of posts by them in charge as such and their involvement in business in which company is engaged would be..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused did not deny his signatures on cheque in question and that same pertains to his bank account - Court bound to draw presumption in favour of complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Computer generated invoice - Does not bear the signatures of the author...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - There is no requirement of law to produce income tax or sales tax returns - Simple legal requirement for complainant is to satisfy Court that cheque in question was issued by accused to discharge his legal liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that cheque was issued in good faith - Not believable and is improbable in view of the fact that no one would issue a signed cheque in favour of another person, unless and until there is some transaction...........
