Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Complaint - Issue of process - Failure or omission to conduct enquiry u/s 202 Cr.P.C. in a prosecution u/s 138 does not ipso facto vitiate cognizance taken - However, it is necessary in a case where accused are sought to be saddled with liability u/s 141..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Specific assertions must be made to attract the provision of S.141 that the indictees concerned are in charge of and responsible to the company for the conduct of its affairs...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Pleadings - Specific averments to attract liability u/s 141 has to be made...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Crucial point of time for applicability of S.141 of the Act is the date of dishonour of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In lieu of dishonoured cheque another cheque issued - That cheque also dishonoured - Two complaints - Held, second complaint u/s 138 of the Act is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque presented and dishonoured by Co-operative Society carrying on banking business - Plea that it is not presented to a bank - Co-operative society carrying on banking business is a `Bank' within the meaning of S.3 of Negotiable Instruments Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Presumption of service - To draw presumption of service of notice there should be evidence that address to which the notice was sent is the correct address...........
Negotiable Instruments Act, 1881, Section 138 -- Self drawn cheque endorsed in favour of complainant - Cheque dishonoured - Drawer of cheque is guilty of offence u/s 138 of the Act - Possessor of a self drawn cheque comes within the definition of `Holder in due course'...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Amount claimed in notice double the amount of cheque - However, in complaint cheque amount mentioned - Cheque amount shown in affidavit sworn by him as his evidence in examination-in-chief - Discrepancy of amount in notice does not disentitle the complainant to claim the amount of cheque...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Available when there is legally enforceable debt as on date of issuing of cheque - Accused not supposed to prove his defence beyond all reasonable doubt but is only to prove same as probable...........
