Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Cheque was issued to complainant bearing stamp of company which got dishonoured - Held, at this stage presumption of dishonour of cheques for insufficiency of funds u/s.118 and 139 of the NI Act would have to be drawn against accused..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Phrase "Association of Individuals" appearing in Cl.(a) of Explanation to S.141 - Held, it cannot be stretched to include all persons in discharge of whose liability cheques in a given case might have been issued - Term `Association of Individuals" must be taken as referring to an association which..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Statutory offence - Strict liability - Held, offence punishable u/s.138 of NI Act is a statutory offence - Drawer of a cheque in certain circumstances is "deemed" to have committed an offence - Offence is of strict liability and does not require any mens rea - Penal provisions contained in S.138 of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Modification - Dishonour of cheque amounting to Rs.25,000/- - Trial Court imposed sentence of fine of Rs.3,000/- in default simple imprisonment for two months and directed Rs.1000/- to be paid as compensation to complainant - Revision against - Held, accused shall pay a fine of Rs.28,000/-..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Cheque was returned by bank stating that "Property not properly marked" since cheque in dispute contains signature of A1 as proprietor of A2 company and only if he had delivered cheque in his individual name, it could have been honoured - As per expert opinion, it is not possible..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Petitioner filed a statement of accounts in order to prove that he did not have any money transactions with any of proxies of accused - Handwriting and ink in which name is written differs from handwriting and ink in which amount had been written in words and numbers -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of Cheque - Conviction - Validity - Cheque issued by petitioner to opposite party for discharging liability was returned by Bank with remarks "stop payment" - Contention of petitioner that she is neither concerned with any business of her husband nor has accepted any..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of directors - Quashing of proceedings - Except the averments, that directors were i, charge and responsible to company nothing has been stated as to what part was played by directors petitioners and how they were..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction and sentence - Three cheques issued by petitioner/accused to re-pay borrowed amount were returned unpaid with endorsement `account closed' - During pendency of revision petition, petitioner/accused paid a sum of Rs.4,94,000/- by way of demand draft in favour of complainant for balance due on..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint filed against petitioner with mala fide intention and oblique motive to unnecessarily harass him - Complainant failed to appear in the case in spite of service of notice upon him twice - Held, entire proceedings liable to be..........
