Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Managing Director negotiated loan - Cheque issued by company for repayment of loan - Managing Director resigned - Cheque dishonoured thereafter - Managing Director who had negotiated loan cannot escape liability though he had resigned - It was he who had taken responsibility to accept..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Accused summoned being Directors of Company - Defence of accused that they had nothing to do with the affairs of the company - Held, that complainant had pleaded in his complaint that petitioners were directors of the company and were in-charge and responsible for the affairs and business..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Complaint by Managing Partner of a firm in respect of a cheque issued in favour of firm is maintianble...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default before taking cognizance but after hearing arguments for taking cognizance - Restoration application filed within 13 days - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties compounding offence during revision - Allowed - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice of demand - Has to be in writing - Notice by making telephone call - Not sufficient...........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 12, General Clauses Act, 1897, Section 9 -- Dishonour of cheque - Notice - Use of word `of' in S.138(b) NI Act is akin to the word `from' used in S.9 of General Clauses Act & S.12 Limitation Act - Thus the date on which information from the bank is received by payee or the holder of cheque is to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere proof of signature on cheque is not proof of its execution - In the absence of any positive evidence regarding the execution of the cheque by accused, it is to be held that the accused had issued only blank cheque and the same was not executed by him - Simply because the cheque contained the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque theory - `Drawn' - Has to be understood as execution - Putting signature on the blank cheque is not equivalent to the word `drawn' - Word `Drawn' in the provision has to be understood as `execution' of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption - Execution and issue of cheque has to be proved to draw the presumption - When execution itself is not proved, presumption u/s 139 of the Act is not available - Admission of signatures on cheque goes a long way to prove due execution - Possession of cheque by the complainant similarly goes..........
