Negotiable Instruments Act, 1881, Section 118, 4 -- Pronote - If passing of consideration amount is not duly proved, even if execution of pronote and receipt is proved, then it remains just a paper transaction which cannot be enforced against the executant...........
Negotiable Instruments Act, 1881, Section 118, 4 -- Pronote - Past consideration - Once plaintiff received the amount of earlier promotes and receipts, then question of past consideration, in lieu of present pronote and receipt does not arise at all...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Reduction of sentence of fine by first appellate Court - Validity - Dishonour of cheque amounting to Rs.2 Lacs - Imposition of sentence of fine of Rs.10,000/- by first appellate Court - Held, sentence imposed on accused is grossly inadequate - Sentence imposed is set aside - Matter is..........
Indian Penal Code, 1860, Section 420, 120B, 406, Criminal Procedure Code, 1973, Section 482 -- Goods not supplied inspite of payment of advance - Neither goods supplied nor money returned - A cheque was issued which was dishonoured - Held, offence, if any, is covered u/s 138 Negotiable Instruments Act - Complaint u/ss 420, 120-B, 406 IPC is not maintainable - Filing of..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of proceedings - Applicant sought quashing of proceedings on ground that complaint was not filed by competent person - In complaint opposite party No.2 has specifically stated that his wife has executed a power of attorney in his..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - In the light of the assertions of the complainant-respondent, it is more than clear that present petitioner is not drawer of cheque - Complaint also illustrates in paragraph 5 that accused-petitioner vehemently denied any liability and also disputed issuance of questioned..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Concurrent finding of fact - Interference therewith - There are concurrent findings of both the courts below that petitioner issued the cheque in discharge of legally enforceable liability which was dishonoured on account of "insufficient funds" - No such perversity or illegality much less irregularity..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Complaint on behalf of company filed by a person who had already resigned from Board of Directors of Company - Held, continuation of criminal proceedings against petitioners, on the basis of complaint filed by a person, who was not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of process against petitioner - Cheque in question not signed by petitioner - Even cheque is not drawn from the bank account maintained by petitioner - Held, impugned order issuing process against petitioner set aside - Petition allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question was presented for collection before drawee bank beyond the period of six months - Held, accused is not liable for prosecution u/s 138 of NI Act...........
