Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Cheque signed by no, account holder - There is nothing on record that accused is the same person in whose name cheque book was issued, which means that even if it is taken that this cheque had been drawn by the accused, even then it was not drawn from the account of the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Cheque issued by son - Perusal of record shows that in complaint, complainant is not stating any liability against accused who is son of `M' - Even there is no evidence on record to show that accused ever stood surety or given in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Burden of proving that cheque had not been issued for any debt or liability is on accused and that stop payment has not been asked because of insufficiency of funds...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Issued through counsel - Misdescription of date and time - Does not militate and derogate the validity of notice, particularly when accused has himself issued the cheque...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once a cheque is issued for discharge of any debt or liability it shall be presumed that it was issued by drawee - Burden is upon accused to disprove that it was not issued by him...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - As per S.138 of the Act, there must be money transaction between accused and complainant and cheques must be issued in discharge of debts and other liability - Thus, mere issuance of cheque is no offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by firm - Managing Director - In absence of firm being arraigned as an accused, Managing Director cannot be held vicariously liable of the charge levelled against him - Conviction and sentence of petitioner set aside...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Partnership firm - Cheque issued individually by accused/Managing partner from his own account maintained with his bankers - Partnership firm was not in any way associated with cheque in question and therefore, not at all a necessary party to be arraigned as an accused in complaint - Complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Cheque issued towards repayment of loan which was given to accused about 7 years ago - Complainant failed to identify the accused - Admittedly, son of complainant and accused were having business dealings and it was possible that cheque in question had been..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Summoning of additional accused - Offence by company - Summoning of Chairman and Managing Director - Petitioner being chairman and Managing director of company was incharge and fully responsible for day to day business of said company - Since cheques were..........
