Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 2(y), 413 -- Dishonour of cheque - Appeal against acquittal - Cheque issued in favour of complainant - Complainant is victim of crime - Victim shall have right to prefer an appeal before appellate forum and for preferring appeal no leave is needed - Appeal should have been..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security as claimed by accused - However, even if cheque was issued as security, accused will be liable for its dishonour...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque is not bad even if it is not filled by drawer...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused admitted the she had received a notice and claimed that she came to know about the dishonour after receipt of notice - Therefore, receipt of notice is not disputed - Accused failed to repay the amount despite receipt of valid notice of demand - It was thus, proved that accused had issued the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - S.141 of the Act has no applicability to a proprietary concern as it relates to offences by company, firm or association of individuals...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Cheque was issued by petitioner in the name of Proprietorship firm - Since a proprietary concern is not a separate entity from the proprietor it may not be necessary to array proprietory concern separately - Though, liability incurred by petitioner is in the personal capacity, but..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 47 -- Dishonour of cheque - Comparison of signatures - Cheque dishonoured for insufficiency of funds - Comparison of signatures not warranted - Application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394 -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Composite sentence of fine and imprisonment was imposed on accused - Therefore, appeal shall not abate on the death of accused and Court is bound to decide the appeal on merits after..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394 -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Leave to appeal sought by wife of accused - Application seeking leave filed after delay of 20 days - Petitioner has offered sufficient explanation of delay - Application for leave to..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - `Drawer' - Authorised signatory - Not a drawer of cheque...........
