Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Disputed questions of fact i.e whether petitioner was Director or Authorized Signatory of accused company or petitioner's employment with accused/company was confined to maintenance of accounts, whether or not cheque in question was..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Admittedly, cheques issued were blank cheques and they were filled by complainant - Even a blank cheque leaf voluntarily signed and handed over by accused which is towards some payment would attract presumption u/s 139 of the Act..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Handwriting expert - Signatures on cheque admitted by accused while recording his defence statement u/s 263(g) Cr.P.C - Accused thus, cannot escape his liability on the ground that same had not been signed by him - Moreover, if there was any manipulation/alteration in..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Issuance of blank cheque and signed blank papers - Considering the fact that parties had business relationship, defence raised by accused that there was no legally enforceable liability on the date of issuance of cheque and that blank papers were misused by..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Plea of issuance of blank cheque and signed blank papers - Once signatures are admitted then it has to be presumed that cheque was issued as consideration for a legally enforceable debt - Trial Court fell in error when it called upon complainant to explain the circumstances under..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Issuance of blank cheque and signed blank papers - Considering the fact that parties had business relationship, defence raised by accused that there was no legally enforceable liability on the date of issuance of cheque and that blank papers were misused by..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Plea of issuance of blank cheque and signed blank papers - Once signatures are admitted then it has to be presumed that cheque was issued as consideration for a legally enforceable debt - Trial Court fell in error when it called upon complainant to explain the circumstances under..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Cheque alleged to be issued for repayment of loan - However, accused contended that he had not taken any loan as alleged and that blank cheque signed by him was given by way of security which has been misused by complainant company - When accused pleaded that cheque was given..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Offence by company - Admittedly, present petitioner neither signed cheque in question nor signed nor witnessed Distributorship Agreement - Even it has not been averred that petitioner was even present at time of signing..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Only allegation against petitioner is that he is in charge of accused/company - However, no documents on record to support this version - Petitioner is not director of company - Even cheques are not signed by petitioner and same are signed by A-2 and A-3 - Complaint is based on..........
