Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Liability arising out of a disputed cheque is primarily against person who issued the cheque...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Applications for summoning of witnesses - Grounds urged in both the applications for summoning of persons as witnesses are not liable to be accepted under any circumstance - No material on record to suggest that any payment was made by accused to said witness..........
Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 69 -- Dishonour of cheque - Complaint by unregistered partnership firm - Even an unregistered partnership firm can maintain a complaint u/s 138 of Negotiable Instruments Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Dishonour of cheque - Acquittal - Appeal against - Dismissal of complaint for failure to prove that complaint is filed by duly authorised person of partnership firm - Placing on record partnership deed - Held, complainant ought be granted..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Application u/s 311 Cr.P.C. for examination of expert witness to elicit differences in ink on cheque dismissed - As per accused, cheque in question was given as security at time of running STD/PCO by complainant in year 2002-03 but those cheques were filled..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Application of petitioner for examining handwriting and fingerprint expert has been dismissed - Petitioner not denied his signature on cheque in cross-examination and in his statement u/s 313 Cr.P.C. rather he admitted the same - Whether cheque issued by..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Appeal against conviction - Compromise during pendency of appeal - Complainant received the entire cheque amount - Compounding of offence allowed - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of proceedings - Vicarious liability - Plea that petitioners are not responsible or that they were not in charge of affairs of the company - However, complaint mentions details attributing sufficient role to the accused - Debatable issues raised by petitioners can only be tested during..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C. - Not mandatory in respect of proceedings u/s 138 NI Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Language of S.139 of the Act does not refer that initial presumption of consideration is in favour of complainant and the words `unless contrary is proved' means that burden to rebut said presumption is upon the accused - Presumption contained in S.139 of the Act is a rebuttable..........
