Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Cheque issued of closed account - Held, words `on an account maintained by him' cannot be read as `on an account being maintained by him' - Words `an account maintained by him' implies that account was opened by him and for operation of account, cheque book was issued to him - Thus, S.138 of the Act is..........
Negotiable Instruments Act, 1881, Section 138, 141(2), Indian Penal Code, 1860, Section 420 -- Dishonor of cheque issued by a company - Prosecution of managing director and others - Petitioners sought quashing of complaint alleging that they were neither directors nor partners nor employees of the company - Not a whisper in the complaint that petitioners were responsible..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- (2) -- Dishonour of cheque - Conviction - Appeal - Suspension of sentence - Condition of deposit of 50% compensation amount - Legality of - Lower appellate court while suspending sentence and fine has directed revisionist to pay 50% of compensation that was awarded - Held, case is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Holder in due course - Mere signatures on back side of cheque does not amount to endorsement - Passing of consideration not duly proved by holder in due course by summoning the drawee of cheque whose signature is found on the back side - Held, complainant failed to prove that he is holder in due course..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion - Signatures and date admitted - Expert opinion as to age of disputed contents of the cheque - Accused is estopped from raising such plea - Further held, non availability of expert can be ground for rejection of request...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant failing to lead evidence despite availing opportunities - Order dismissing complaint and acquitting accused, held, proper...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Cheque issued to pay time barred debt - Time barred debt is not a legally enforceable debt - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Issue of process - Magistrate can issue process on the basis of contents of complaint, documents in support thereof and affidavits in support of the complaint - However, Magistrate can call upon complainant to remain present in Court and examine him and/or his witnesses upon oath for taking..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque alleged to be issued towards interest against loan of Rs.40 lacs - MOU entered into between the parties that amount of Rs.40 lacs paid to complainant would be in full and final settlement and neither party would be left with any claim against the other - Proceedings quashed - Complainant burdened..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Complainant having its registered office in Mumbai and Corporate Office in Mumbai, loan amount payable at Corporate Office, Notice was sent from the Corporate Office - Held, Court at Mumbai has jurisdiction...........
