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 -..........
Negotiable Instruments Act, 1881, Section 138, 20, Evidence Act, 1872, Section 45 -- Blank signed cheque - Held, signatures when admitted then there is no necessity for sending the disputed cheque to an expert for his opinion...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint not stating that on the date of commission of offence, applicant was in any way in-charge of and responsible for the conduct of the business of the company - Complaint against applicant quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non appearance of complainant - Dismissal in default - Held, that great prejudice will be caused to complainant if his complaint goes undefended particularly when the amount involved is Rs.4.27 lakhs - Complaint restored...........
