Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back unserved - Notice served by accused through counsel - Plea that counsel issued notice without her instructions - Since no complaint was lodged against counsel in Bar Council as such it clearly indicates that registered notice was sent on the instructions of accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.Ten Lakhs - Compensation of Rs.12,69,000/- awarded after adding interest @ 9% from the date of issuance of cheque till date of delivery of judgment by trial Court - Held, said compensation shall further carry interest @ 9% per annum from the date of judgment of trial Court till actual payment..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption has to be drawn in favour of holder of cheque, unless otherwise proved - Unrebutted plea that cheque was issued to discharge liability or that it was issued towards legally recoverable debt has to be believed - Accused convicted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption has to be drawn in favour of holder of cheque, unless otherwise proved - Issuance of cheque and that it pertains to his bank account admitted by accused in his statement u/s 313 Cr.P.C. - Bald plea in defence that cheque was given as security without documentary evidence - Unrebutted..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director of company - Director had resigned much prior to issuance and dishonour of cheque in question - He was not even signatory of cheque - Petitioner thus, not liable for criminal prosecution - If such proceedings are allowed to continue, same will be miscarriage of justice -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not replied - It automatically means that accused admitted his liability and he did not chose to contest the legal notice...........
Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 24 -- Dishonour of cheque - Notice - Partnership firm - Notice to a partner is also a valid notice to the firm...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - In a partnership firm all the partners are personally liable to discharge liability of the firm in their individual capacity as well as under vicarious liability...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Petition for quashing summoning order on the basis of some technical defect is clear cut abuse of the process of law - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complainant specifically averred that accused being Directors of company were actively participating in day-today affairs of accused/company - Further, A-1 to A-4 are alleged to be from same family and running accused company together..........
