Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - Complaint u/s 138 of N.I Act cannot be transferred as per convenience of accused - Since accused is a woman and a senior citizen, therefore, she can always seek exemption from personal appearance - Transfer petition dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by husband - Wife cannot be made accused for dishonour of cheque issued by her husband when cheque was not issued from joint account - Wife and other two accused do not constitute a Company or a firm or Association of individuals as contemplated u/s 141 of N.I Act - Proceedings so far it..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Company not arraigned as an accused - Cheque in question was issued for and on behalf of Company - Complaint against Directors of Company without company arraigned as an accused is not maintainable - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - After spending 10 years in litigation - Precious judicial time of almost 10 years of Court consumed - Accused to deposit an additional sum of Rs.5 lakhs with Supreme Court Advocate-on-record Advocates Welfare Fund...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - In appeal accused sought summoning of bank details to prove capacity of complainant to advance a huge amount and to get FSL of disputed cheque - Once accused admitted signature on disputed cheque then he cannot raise objection regarding handwriting on disputed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Contention that accused informed complainant that due to some changes in the management, all the previous liability would be undertaken by one `M' as per registered agreement - Held, shifting of liability after issuance of cheque has no significance as penal provisions attack..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution of cheque in question was not disputed by accused - However, defence has been taken that same was issued to one other person, but same was never examined by accused - Once execution of cheque and signatures thereof was not disputed, then onus shifts upon accused to discharge his burden that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of witnesses - Prima facie there was substance in the plea of accused for the purpose of leading additional evidence in defence - It would have not caused prejudice to complainant as complainant would have got a chance to cross-examine witnesses..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting and finger print expert - Accused stated in his statement u/s 313 Cr.P.C that cheque in question did not bear her signatures - Merely because cheque was dishonoured on account of insufficient funds and not on the ground of signature differs would not lead to..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - Arraying of a proprietor as an accused or a proprietary concern represented by proprietor is sufficient compliance with the requirements of S.138 of the Act - Proprietor and proprietary concern not required to be separately arrayed as a party accused...........
