Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Necessary averments in complaint as regards jurisdiction of Court and as to petitioner being in charge and responsible for the conduct of business of the company - Held, there is sufficient compliance with the provision of S.141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Account closed - Theory of blank cheque - No reasonable prudent man would normally keep blank signed cheque - Plea of accused that he had handed over one blank cheque to `S' at time of his retirement who subsequently returned it but he lost cheque while travelling -..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Insufficient funds - Expert opinion - Theory that signed cheque was misplaced which is misused by complainant - Expert opinion to ascertain age of ink - Held, no prudent man and that too of stature of Managing Partner would normally keep signed blank cheque in careless..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 255, 302 -- Dishonour of cheque - Death of complaint - Legal heir permitted to conduct prosecution - Cannot be treated as complainant or a substitute for the complainant - In case legal heir of deceased complainant is absent, Court shall not acquit accused u/s 256(1) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by Company - Accused/petitioners filed respective affidavits wherein they admitted that they are authorized signatories of company - However, they took plea that they have distributed business affairs of the company and thus not liable for any act or conduct of the affairs of the company -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Appeal - As per bank witnesses cheque was dishonoured on account of two grounds viz. insufficiency of funds and difference in signatures - Trial Court assumed that ground of insufficiency of funds was added later on in said bank memo - Held, since bank witness in cross-examination affirmed..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Complaint - Compounding of offence - Entire amount due and payable by petitioner to respondent under cheque in question has been paid by petitioner - Held, parties permitted to compound offence committed by petitioner u/s.138 of N.I. Act - Consequently, on deposit of Rs.67,200/- being 15% of total..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Placement of order duly proved - Credit account of petitioner with the complainant also proved - Cheque dishonoured due to insufficient funds - Notice issued within 15 days from the date of receipt of information/communication from the Bank - Ingredients of the provision of S.138 of the Act fully..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint filed u/s 138 of Negotiable Instruments Act and u/s 420 of Indian Penal Code on allegations of dishonour of cheque - Complaint dismissed on ground that it was barred by limitation prescribed under Negotiable Instruments Act - Magistrate failed to take note..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back with postal endorsement `Not claimed' - Endorsement `Not claimed' neither signed by postman nor by post master - No mention in complaint about the date on which statutory notice was served or at least deemed to have been served - Intimation to collect registered letter not proved..........
