Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Company - Substitution of authorised representative of company - Earlier authorised representative of company examined in part - Expunging of Evidence - No provision either in Evidence Act or in Cr.P.C. under which direction to expunge evidence can at all be passed - Evidence adduced on record has to be..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise after conviction - Order of conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise after conviction - Table appended to S.320 Cr.P.C. is not attracted to offences under Negotiable Instruments Act - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of company and 13 directors - Averments in complaint that Directors are in-charge and responsible to the Company for the conduct of its business and all of them are running and looking after the business of the Company jointly - Held, averments are sufficient to proceed..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Accused based in Orissa - Personal appearance during trial exempted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - It is to the extent that cheque was drawn for discharge in full or in part of any debt or other liability - Said presumption do not relate to the existence of legally enforceable debt or liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued against loan - Lending of huge amount of Rs.75, 000/- - Complainant not in a financial position to lend such a huge amount and that too without interest - Failure to prove existence of legally enforceable debt - There is no question of drawing presumption u/s 139 of the Act -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Certain documents sought to be produced and proved which were contrary to the earlier stand of the complainant - Order rejecting application, upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured with endorsement 'present again' - Held, complainant need not to wait to present the same again and can proceed with the prosecution of the accused...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Complaint must be filed by a person authorized by a resolution of the board of directors or by articles of association of the company...........
