Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138 -- Cheque issued for supply of diesel - Payment stopped raising dispute about quality of diesel - Complaint filed u/ss 420 etc. IPC and u/s 138 NI Act - Accused summoned u/s 420 IPC only - Summoning order quashed - No offence of cheating made out - Complainant has remedy u/s 138 Negotiable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Insufficient funds' - Accused purchased pesticide and issued cheque - To prove this complainant proved on record copy of account book maintained by the complainant - Presumption can well be drawn that cheque was issued in discharge of legally enforceable debt - Conviction calls for no interference...........
Negotiable Instruments Act, 1881, Section 138 -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Complainant with his family residing at Sirsa, maintaining bank account there, cheque deposited and information as to dishonour of cheque received there, Legal notice sent from Sirsa - Not a case of accused that complainant does not reside at Sirsa and still the cheque was deposited at..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused that there is no averment as to how they are liable and that they are not responsible for the conduct of business - Contention has no merit as there are specific allegations in complaint - Held, these questions are a matter of proof which can be gone into during trial...........
Negotiable Instruments Act, 1881, Section 138 -..........
Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of Cheque - Offence by company - Complaint filed against Company and three others including petitioner - Petitioner neither signed any cheque nor he was privy to decision to issue cheques - Held, case against petitioner cannot be brought within purview of S.141(2) of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Complaint is maintainable only when proprietor of the firm proves his nexus or connection with the firm as a proprietor - Mere statement in affidavit in this regard is not sufficient - Proprietor has to produce documentary evidence to connect himself with the firm...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Complaint is maintainable in the name of `payee' a proprietary concern itself or in the name of the proprietor of the concern...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Issue as to ownership of firm - Can be resolved only by having recourse to general law i.e. Companies Act 1956 or by civil law where an individual carries on business in the name or style other than his own name and not by taking recourse to S.142 of the Act...........
