Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204 -- Dishonour of cheque - Issuance of process relying on statement of Attorney of complainant recorded without administering him oath - Validity - Held, process u/s.204 Cr.P.C. may be issued only when Magistrate is satisfied that evidence produced by complainant warranted issuance of..........
Negotiable Instruments Act, 1881, Section 138(b), 141 -- Dishonour of cheque - Notice - Partnership firm - Notice to firm - Partners can be prosecuted without they being issued notice individually...........
Negotiable Instruments Act, 1881, Section 141(1), 138 -- Dishonour of cheque - Partnership firm - Prosecution of partners - Criminal liability u/s 141(1) of the Act depends on the actual role he played notwithstanding his designation or status in the firm...........
Negotiable Instruments Act, 1881, Section 138, 141(1), 141(2) -- Dishonour of cheque - Partnership firm - Prosecution of partners - Narration of facts containing incriminating circumstances and inculpating acts/omission indicating involvement and culpability of the accused is necessary for constituting proper complaint - Mere adoption or reproduction of exact words or..........
Electricity Act, 2003, Section 135, 138 -- Theft of electricity - Proof - Meter and super transformer was in the name of a partnership firm, wherein accused was only one of the partners among six partners - Only respondent has been made accused - Held, it was primary duty of appellant to establish the fact that only respondent was responsible for commission of offence -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Non-bailable warrant - Quashing of - Factual pleas of defence raised before High Court in petition filed u/s 482 for quashing of no, bailable warrant - Held, High Court cannot examine factual pleas of defence in its jurisdiction u/s 482 - Court is not inclined to interfere with..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Exercise of power by High Court - Whether cheque in question was blank or it was subsequently filled by complainant or it was issued for purpose of security or to meet legal liability - Whether contents of reply to legal notice, other..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Clear admission by accused that amount mentioned in cheque was paid by first respondent/complainant by way of cheque - Held, in view of such clear admission, burden of proving discharge of debt shall be on petitioner/accused, which he has not discharged..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of case - Petitioner/accused is a lady - Private complaint filed against her is for an offence u/s 138 of NI Act - Case is pending before Magistrate Fast Track Court specifically constituted for speedy disposal of cases u/s 138 of NI Act - No valid..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Held, it is a rebuttable presumption and standard of proof for doing so is that of preponderance of probabilities - Therefore, if accused is able to raise a probable defence which creates doubts about existence of legally recoverable debt or liability, prosecution can fail - In order..........
