Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Appeal against acquittal - Complainant except making a bald assertion regarding his financial capacity to mobilise funds has not produced any other document - Hence, it cannot be presumed that cheque was issued in discharge of legally enforceable debt or liability - As such,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused has not been able to rebut presumption u/s 139 of the Act - He has not denied his signatures in cheque - He does not deny fact that receipt was given by him which acknowledges a sum of Rs. 15,00,000/- was taken as loan - Moreover, mere ipse dixit of accused and statement in..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Offence by company - Cheques has not been signed by present petitioners, the same has been signed and issued by `A' from individual bank account maintained by him - Present petitioners cannot be made vicariously liable for the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Company not arrayed as accused - If prosecution proceedings against firm were not taken by complainant for offence u/s 138 of the Act, it is certainly a bar for proceeding against other person coming within ambit of S.141(1), (2) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Impleadment of firm as accused - Cheque drawn on the account of firm - Complainant failed to issue notice to firm as contemplated u/s 138(b) Proviso of the Act - Since no notice was issued against firm within time prescribed, complainant has no sufficient cause for invoking..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Cheques issued towards payment of amount due under chit transactions - No dispute regarding dates of presentation of cheques, their dishonour, issuance of statutory notice and compliance of provisions of Act with regard to limitation..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Accused not denied that he borrowed money from complainant and that he also given a cheque to complainant - Dishonour of cheque, issuance of cheque, receipt of notice and non-payment of cheque amount are also not disputed by accused - Evidence that has been brought..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise arrived at between parties - Complainant does not have any objection to accept settled amount and further he is ready to forego costs to be imposed - Permission granted to compound the offence u/s 138 of the Act - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Non-showing of amount spent by complainant in his income tax return, creates a doubt regarding financial position of complainant and is sufficient to rebut a presumption that cheque was not issued in discharge of a debt or liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to - Analysed - (1) High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints u/s 138 of the Act from summary trial to summons trial; (2) Inquiry shall be conducted on receipt of complaints u/s 138 of the Act to arrive at..........
