Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Liability of Director - Company is not the drawer of dishonoured cheques - Dishonoured cheques drawn by one of the other directors from his own personal account - Held, petitioner although, being a director cannot be made liable to face criminal prosecution - As would be evident from bare..........
Negotiable Instruments Act, 1881, Section 4 -- Pronote - Long standing dispute between parties even prior to execution of pronote and receipt - Held, if it was so neither the defendant could approach the plaintiff for borrowing the amount in dispute nor the latter could give such a huge amount as a loan to the defendant...........
Negotiable Instruments Act, 1881, Section 4, 87 -- Pronote - Material alteration in the name of father of plaintiff - Not explained as to under what circumstances it had crept - If this alteration had been introduced at the time of execution of pronote the initials/signatures of defendant would have been obtained to authenticate these material alterations - In absence of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise during pendency of revision against conviction - Parties compromised - Loan amount repaid - Complainant waived compensation amount imposed by trial Court - In view of compromise accused acquitted granting him exemption from surrendering...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Unregistered partnership firm - Complaint filed by Manager not duly authorized - Held, complaint by unregistered firm can only be filed through one of its duly authorized partners or its duly authorized officer and not through Manager who is not duly authorized - Dismissal of complaint - Order..........
Negotiable Instruments Act, 1881, Section 142(a), Criminal Procedure Code, 1973, Section 190 -- Dishonour of cheque - Complaint - When there is special provision u/s 142(a) of NI Act regarding the mode and manner, in which the cognizance could be taken, the general provision of S.190 Cr.P.C. cannot be made applicable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by a person to discharge liability of another person - Cheque dishonoured - Person who issued cheque is liable u/s 138 of the Act - Absence of averment that cheque issued by accused was towards the discharge of liability of another person - Complaint dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption has to be drawn that cheque was drawn for consideration and that it was executed for discharge of debt or liability once its execution is proved or admitted - Presumption will live, exist and survive and shall end only when the contrary is proved that cheque was not issued for..........
Negotiable Instruments Act, 1881, Section 139, 118 -- Presumption u/ss 139 & 118 is rebuttable - Presumption can be rebutted either by showing that consideration and debt did not exist or that under the particular circumstances of the case the non-existence of consideration and debt is so probable that a prudent man ought to suppose that no consideration and debt existed...........
Negotiable Instruments Act, 1881, Section 139 -- Presumption - Rebuttal - Accused is not expected to prove his defence beyond reasonable doubt - Accused may adduce direct evidence to prove that the note in question was not supported by consideration and that there was no debt or liability to be discharged by him - Direct evidence to disprove the non existence of..........
