Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complainant by LRs of deceased payee - Cheque was issued in the name of deceased after one month of his death - None of the applicants named as payee of cheque - Nothing on record on the basis of which it can be said that applicants were holder in due course - Held, unless applicants were..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Complaint filed within seven days of issuance of notice - Complainant can file complaint only when accused fails to pay within fifteen days of receipt of notice - S.138(c) of the Act is offended - Prosecution of petitioner untenable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof of - In addition to the insufficiency of funds, to return the cheque, bank had stated that the `signature differ' - Execution is also in dispute - Opportunity to cross-examine complainant was not given to accused - Held, prejudice was caused to the revision petitioner because of denial of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been settled between parties - Applicant has paid amount of cheque i.e. Rs.73, 000/- to respondent No.2 - Held, Offence u/s.138 stands compounded by invoking provisions of S.147 of the N.I. Act - Conviction and sentence set aside - Accused acquitted subject to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If the cheque is given towards any liability or debt which might have been incurred even by someone else, the person who is a drawer of the cheque can be made liable u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued to discharge liability of another person - A person who issued the cheque can only be prosecuted - Such other person cannot be prosecuted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheque presented at `Delhi' and dishonoured - Notice issued from `Delhi' - Entire cause of action relating to alleged offence arose within territorial jurisdiction of Court at `Ludhiana' - Held, Court at `Delhi' has no jurisdiction when all the acts constituting ingredients of offence..........
Negotiable Instruments Act, 1881, Section 138,141 -- Dishonour of cheque - Company - Prosecution of Director - It is not sufficient to make a bald cursory statement in a complaint that a Director is incharge of and responsible to the company for the conduct of the business of the company - Complaint should spell out as to how and in what manner the Director was incharge..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by firm - Cognizance - Challenge thereto - A definite allegation is made against petitioner regarding issuance of cheque on behalf of firm - Contention of petitioner regarding signatures and also retirement from the partnership firm at the time of issuance of cheque - Held, contention is to..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Opinion of handwriting expert - Application for - Petitioner is admitting signatures on cheque as his own - Dispute sought to be raised is with regard to handwriting pertaining to other contents only - Trial court rejected application on count that on acceptance of..........
