Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.1.82 lakhs - Accused convicted and sentenced to one year RI and to pay fine of Rs.10, 000/- - Accused facing trial since 1.9.2005 and has undergone more than 3 months of actual sentence - Sentence of imprisonment reduced to period already undergone...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Petitioner resigned as Director of company - Petitioner placed on record photocopy of Form No.32 - Held, that it is a document which the company is required to furnish before the Registrar of Companies in terms of S.303(2) of the Companies Act - This document is not a public..........
Criminal Procedure Code, 1973, Section 256, 311, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint at the stage of defence evidence - Filing of application u/s 311 Cr.P.C. for further/additional evidence - Non appearance of complainant - Complaint cannot be dismissed for default...........
Criminal Procedure Code, 1973, Section 256, 311, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint at the stage of defence evidence - Filing of application u/s 311 Cr.P.C. - Does not entitle defence not to examine his witnesses...........
Criminal Procedure Code, 1973, Section 256, 311, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint at the stage of defence evidence - Complaint at that stage cannot be dismissed for non appearance of complainant - If complainant does not cross examine defence evidence then complainant would do so at his peril but it cannot be said that..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Parties compromised during pendency of revision - Amount of cheque and damages paid - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed by firm's authorised Manager on account of dishonour of cheque - Held, there was no illegality...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint can be filed by its Manager, Partner, Director or any person authorized by the company...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - The rebuttal would not have to be conclusively established - However, evidence must be adduced in support of the defence that the Court must either believe the defence to exist or consider its existence to be reasonably probable - Standard of reasonability is that of a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Complainant can choose to file a complaint only against the firm - Complainant may choose not to proceed against the individual partners as accused either because he is not aware as to who are the partners or is not interested in proceeding against the partners apart from the firm...........
