Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Financial capacity to advance loan - Evidence on record shows a probable defence on behalf of accused, which shifts burden on complainant to prove his financial capacity and other facts - Finding of Trial Court that complainant failed to prove his financial capacity of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - To be only for the cheque amount and not for any other amount more than the cheque amount - In the instant case loan amount and cheque amount were the same as such mention of `Loan amount' in the notice is not fatal...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Complaint containing sufficient description of (i) the nature of the partnership; (ii) the business which was being carried on; (iii) the role of each of the accused in the conduct of the business and, specifically, in relation to the transactions which took place with the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Absence of specific allegations how the petitioners participated in the day to day affairs of the company and they are in charge and responsible to the company for the conduct of business - When there is bald and vague allegations, it is not sufficient to make out a..........
Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Appeal against conviction - Power of appellate Court to order payment pending appeal - Appellate Court is authorized to order deposit of 20% of fine and compensation as awarded by trial Court - If there is no order of fine or compensation then there cannot be any order of deposit of any amount at..........
Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Appeal against conviction - Power of appellate Court to order payment pending appeal - Order to deposit 20% of amount of fine or compensation as awarded by trial Court - If appellate Court passes order of deposit of 20% or more amount of fine or compensation that in fact is a beneficial order for..........
Negotiable Instruments Act, 1881, Section 148, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Appeal against conviction - Power of appellate Court to order payment pending appeal - Order of deposit of 20% of amount of fine or compensation as awarded by trial Court - If lower Appellate Court has passed order of deposit of 20% of amount, then although..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-appearance of complainant - Complainant and his counsel not present in the Court because of wrong noting down of date by counsel - Fact that complainant assailed the order of acquittal of accused on account of his no, appearance before High Court, demonstrates that complainant is serious about..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Territorial jurisdiction - Cheque issued at a place in Kerala and presented for encashment at Bangalore where complainant had its office - Complaint filed at Gurgaon - Compliant filed at Gurgaon just to harass and putting undue pressure upon accused -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Two complaints filed against petitioner which were identical and in both the cases, two cheques allegedly issued by petitioner - Both the complaints were consolidated and common evidence was led - Petitioner convicted in both the cases - However, in appeal petitioner acquitted in another case - Said..........
