Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313 -- Dishonor of cheque - Accused did not take any defence at time of accepting notice - Cheque was issued of a closed account - Accused did not lead any defence evidence - Defence taken in statement u/s 281 or S.313 Cr.P.C. cannot be given a status of evidence - Any statement u/ss 281..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Cheque issued of closed account - Held, words `on an account maintained by him' cannot be read as `on an account being maintained by him' - Words `an account maintained by him' implies that account was opened by him and for operation of account, cheque book was issued to him - Thus, S.138 of the Act is..........
Negotiable Instruments Act, 1881, Section 138, 141(2), Indian Penal Code, 1860, Section 420 -- Dishonor of cheque issued by a company - Prosecution of managing director and others - Petitioners sought quashing of complaint alleging that they were neither directors nor partners nor employees of the company - Not a whisper in the complaint that petitioners were responsible..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- (2) -- Dishonour of cheque - Conviction - Appeal - Suspension of sentence - Condition of deposit of 50% compensation amount - Legality of - Lower appellate court while suspending sentence and fine has directed revisionist to pay 50% of compensation that was awarded - Held, case is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence whether of moral turpitude - Bank employee formed partnership firm while in service and also issued cheques knowing that those cheques would not be honoured - Such conduct is a relevant factor while considering the conviction and sentence u/s 138 of the Act - If such act and conduct and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Holder in due course - Mere signatures on back side of cheque does not amount to endorsement - Passing of consideration not duly proved by holder in due course by summoning the drawee of cheque whose signature is found on the back side - Held, complainant failed to prove that he is holder in due course..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion - Signatures and date admitted - Expert opinion as to age of disputed contents of the cheque - Accused is estopped from raising such plea - Further held, non availability of expert can be ground for rejection of request...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - In response to reply to notice issued by respondent No.2, petitioner never agitated the question that cheque in question did not bear signature of petitioner - This fact was agitated for first time during pendency of appeal - Moreover, petitioner admitted the fact of earlier..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Material alteration in the cheque - Exaggerated amount mentioned in the cheque does not tally with amount due by accused - Amount borrowed by accused is said to have been repaid by them in installments - Even on the cheque there is an endorsement that Rs.1 lakh has been..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Statutory notice was sent to correct address of accused - Accused was not available at the time of delivery of registered post - Postman had visited house of respondent on 07.06.2001, 08.06.2001, 09.06.2004, 11.06.2001 and 12.06.2001, on which day he had left intimation - Held, finding of..........
