Negotiable Instruments Act, 1881, Section 138,139 -- Dishonour of cheque - Presumption - Under Section 139 of the Act legal presumption is that cheque had been issued for discharging antecedent liability and that presumption can be rebutted only by person who draws cheque...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction - If fine is imposed, it is to be adjusted to meet legally enforceable liability...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offences by Company - Held, complaint against any of the Director or person/s i, charge of Company is very much maintainable despite the fact that Company is not arrayed as an accused - In present case, accused is signatory of cheque and therefore, there is no impediment to prosecute accused in..........
Negotiable Instruments Act, 1881, Section 138,87,20 -- Dishonour of cheque - Filling the blanks in the cheque by complainant - Expert evidence - Contention that complainant filled up contents of cheque and misused the same - Accused neither disputed his signatures on said cheques nor issuance of same to complainant - Held, proof of filling up of negotiable instruments by..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Prosecution of directors - Validity - Only allegations against petitioners were that they were directors of accused company - Held, it cannot be said that the acts committed by them would sufficiently make out petitioners to be vicariously liable - It is..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482, 320, Constitution of India, 1950, Article 227 -- Dishonour of cheque - Compounding of offence - Offer of compounding offence made by petitioners has been rejected by respondent and consequently no compromise has been arrived at between the parties - Held, respondent cannot be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cause of action to file complaint - Arising of - Held, cause of action for an offence u/s 138 of NI Act arises only when on a dishonour of cheque and after receipt of notice accused fails to make payment of said amount of money to payee or as case may be to holder in due course of cheque within 15 days..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Held, in order to bring a case within S.141 of the Act, complaint must disclose necessary "facts" which make person liable...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence of company - Vicarious liability of directors - Relevant date for - Held, at stage of summoning, relevant date to fasten "vicarious liability" on directors would be date of issue of cheques - Ingredients for bringing a person within ambit of S.141 of the Act are different from that of an..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of directors - Quashing of proceedings - Petitioner No.1 ceased to be a director in accused company way back on 12.11.2009 - Although petitioner No.1 can be assumed to be privy to transaction, he cannot be assumed to be privy to issue or dishonour of cheques as cheques were..........
