Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signatures by handwriting expert - No specific plea taken by accused as to amount, date and beneficiary name in the disputed cheque - Even no prayer was made by accused as to on what aspect handwriting expert would..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Business transaction - Accused had no transaction with complainant firm - In fact, accused was having business dealing with proprietor concern of son of complainant - Neither complainant pleaded in his complaint that accused issued cheque in discharge of liability of third person with proprietor concern..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handing over cheque - Mere handing over cheque does not make petitioner a consenting party to the act of giving the cheque - Proceedings qua petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Vicarious liability - Complaint u/s 138 of the Act - Offence by company - Delay of 3 years in filing of complaint - Cheque was signed and issued by Director of company - No explanation for delay in filing of complaint u/s 138 of the Act - Complaint dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ingredients are: (i) that a person shall drew a cheque on account maintained by him with banker; (ii) that such cheque when presented to bank is returned by bank unpaid; (iii) that such cheque was presented to bank within a period of 6 months from date it was drawn or within the period of its validity..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by company - Dishonour of cheque by bank without valid justification - Payee of cheque has legal rights and remedies for redressal of injury caused by bank in addition to his rights against drawer of cheque...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Vicarious liability - Complaint u/s 138 of the Act - Offence by company - Every person signing cheque on behalf of company on whose account cheque is drawn - Does not become drawer of cheque - Moreover, such signatory is only a person duly authorised to sign cheque on behalf of company/drawer..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act - Scheme - Punishment u/s 138 of the Act is different from scheme of Cr.P.C. - Moreover, S.138 of the Act creates an offence and prescribes punishment and no procedure for investigation of offence is contemplated - Even, prosecution is initiated on basis of written complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Wrong cheque number - Wrong cheque number stated in the complaint is not end-all and be-all of the case - Other factors are also required to be seen to decide as to whether complainant has been able to prove his case...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - In a trial u/s 138 of the Act, presumption has to be drawn that every negotiable instrument was made or drawn for consideration and that it was executed for discharge of debt or liability - No sooner the complainant discharges the burden to prove that instrument was executed by..........
