Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Offence by company - Post dated cheque - Accused issued cheque in capacity of director of company and when cheque got dishonoured accused ceased to be director of company - It is no ground to quash proceedings against accused, especially when averment in complaint and prima..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - Capacity to advance loan - Nothing on record regarding payment of Rs.10 Lakhs by complainant to accused - Even, accused has appeared as defence witness and stated that she had litigation with one `A' and after..........
Negotiable Instruments Act, 1881, Section 138, 20 -- Dishonour of cheque - Sending cheque to FSL to ascertain writing on the cheque - Plea of signing blank cheque - Signatures not disputed - If signature on cheque not disputed then filling of instrument by other person is of no consequence - Cheque not required to be sent to FSL - Cheque can be filled by others and it..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Conviction u/s 138 of the Act - Matter settled and liability discharged - Moreover, accused deposited 15% of cheque amount with Punjab State Legal Services Authority - Amount of Rs.25,000/- which is already deposited by accused with registry in compliance of order shall..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissed in default - Case was posted for cross examination of complainant and neither complainant nor respondent was present before Court - No doubt, respondent has suffered some inconvenience but he can be compensated by awarding reasonable cost - Complaint restored subject to payment of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Discretion of Court - Order of acquittal cannot be mechanically passed on the absence of complainant - Magistrate is expected to exercise discretionary power conferred on him judicially and judiciously...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Order of acquittal of accused - Accused is served with summons but does not remain present before Court and a warrant is issued, but still not executed - It would therefore, not be just and proper to focus on absence of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties - Offence for which accused charged is not `stricto sensu' be termed to be an offence against State - Entire amount of compensation deposited by accused - Complainant is not interested to pursue the complaint and does not want to hold..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - If blank cheque was issued by drawer and after signing, then S.20 of the Act will have no application - Even, blank cheque filled up by holder is a valid instrument in eyes of law - As old ink used by a person to fill up contents of cheque, no useful..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Notice sent to accused both by registered post and under certificate of posting - Notice sent under certificate of posting was not returned but notice sent by registered post returned with postal endorsement `not claimed' - Held, notice was properly served to accused...........
