Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Discharge of liability - Presumption as to - Accused is a Chartered Accountant - Cheques in question bear signatures of accused - Defence that he was in the habit of keeping signed blank cheques in his table drawer in office - Even according to accused from 1995 to 2003 complainant was in a foreign..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Territorial jurisdiction - Statutory notice was given by complainant's counsel from his office at "T" - Held, issuance of notice alone will not give rise to a cause of action to maintain complaint before Judicial Magistrate "T" - Judicial Magistrate "T" does not have territorial jurisdiction to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Legality of - There are contradiction in the evidence of complainant - Trial Court observed that witnesses have also not supported the case of prosecution - Prosecution has failed to prove main ingredient of S.138 of the Act and failed to prove that cheque was given by respondent..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Admission by accused regarding issuance of cheque and liability so far as 4 transactions between complainant and accused are concerned - Documents produced by defence have not been able to rebut presumption available to complainant who is, holder and payee of cheque -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 88 -- Dishonour of cheque - Presence of accused - Magistrate has power to direct accused to execute bond with sureties so as to ensure his appearance for the future hearings...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Revision - New plea - Tenability - No question as to competency to file petition of complaint was put to opposite party - Petition of complaint was filed by opposite party as a partner of firm and not in his personal capacity - Cheque in question was issued by petitioner in name of the firm - Demand..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262 - - Dishonour of cheque - Adoption of summons case procedure instead of summary trial - Held, it is incumbent on all Magistrates to commence proceedings in respect of offences u/s.138 of N.I. Act by adopting summary trial procedure contemplated u/s.262 of Cr.P.C. - Adoption of..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Additional director - Quashing of proceeding - In profile, it is mentioned that petitioner is designed as director, however, against which petitioner has produced Form No.32 issued by Registrar of Companies, in which it has been specifically mentioned..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Quashing of complainant sought on the ground that dishonoured cheque was a part of the claim in arbitration proceedings and hence controversy was civil in nature - Held, it would not per se prevent criminal Court to independently..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Cheque drawn towards part satisfaction of pronote - Demand of amount due under the pronote and not demand of cheque amount - If there is absence of demand for the amount covered by the bounced cheque and if it is conspicuously absent in the notice, it is to be treated as imperfect notice -..........
