Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 197 -- Dishonour of cheque - Public servant - Sanction for prosecution - Cheque issued by M.D. State Transport Corporation towards payment of instalments or payment of loan - M.D. was performing only his official functions - Sanction for prosecution is mandatory before cognizance of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint filed by authorised representative of the company - Held, that when complaint is filed in the name of a incorporeal person it is necessary that natural person represents such juristic person in a Court - The company being a juristic person shall be dejure complainant, while the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by authorised representative of company - Held, that authorised representative of company can file the complaint u/s 138 of the Act on behalf of the company - Petition u/s 482 Cr.P.C. to quash the proceedings dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - Cheque amount Rs.15, 000/- - Sentence of 1 year awarded to accused reduced to period of 2 months already undergone - Petitioner directed to pay compensation of Rs.30, 000/- to the complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint signed and verified by power of attorney holder - It is a defective complaint as complaint must be signed by the complainant - However, it is a curable defect - Death of complainant before curing said defect - Power of attorney holder sought leave of Court to prosecute the complaint on her..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Power of attorney holder - Held, complaint can be filed by payee through power of attorney holder and there is no necessity for the complainant to file the complaint in person...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default - Held, it would be too harsh on the petitioner to non suit him merely for his non appearance on one date - Non appearance not intentional - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - There is legal presumption that the cheque was issued for discharging an antecedent liability and that presumption can be rebutted only by the person who drew the cheque - This presumption is in favour of the holder of the cheque...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused took the defence that she had kept the cheque duly signed by her in her house and cheque in question came into possession of accused in her absence - Plea of accused not believed as she in the natural course of conduct could not be expected to keep signed blank cheques in her..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -..........
