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, 145 -- Dishonour of cheque - Evidence on affidavit by accused - Accused cannot lead his evidence by way of affidavit in terms of S.145 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused as his own witness - Accused is a competent witness in a case against him and he has right to defend himself even by appearing as a witness...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Sole Proprietorship firm - Petitioner made an accused through firm and not in her individual capacity - As petitioner is sole proprietor and she had issued cheque is liable to be proceeded u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, 397(3) -- Dishonour of cheque - Petition u/s 482 Cr.P.C - Petitioner already availed remedy of revision - She cannot be permitted to take recourse to S.482 Cr.P.C - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Summoning order challenged after more than 4 years of passing of order - Neither any plausible explanation nor any sufficient cause in petition for such delay - Summoning order is barred by principle of delay and laches - Quashing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Cheque clearly bears signature of petitioner - Petitioner was not a Director at the time of signing of cheque or same is without consideration cannot be evaluated, appreciated or decided at this stage which requires recording of oral and documentary evidence which can be..........
Criminal Procedure Code, 1973, Section 311, 391, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Additional evidence at appellate stage - On the ground that he was not medically fit during period cheque was issued - Application u/s 311 Cr.P.C. cannot be allowed for recalling of complainant and to put him medical record, which accused can otherwise..........
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...........
