Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Mere fact that blank signed cheque had been procured by respondent even if taken at face value, does not obliterate the statutory presumption u/s 139 of the Act, unless cogent evidence is adduced to rebut the presumption...........
Negotiable Instruments Act, 1881, Section 138, 141, Insolvency and Bankruptcy Code, 2016, Section 14 -- Dishonour of cheque - Offence by Company - Director - Moratorium u/s 14 of IBC prohibiting proceedings u/s 138/141 N.I. Act will be applicable only against corporate debtor and not against natural persons like directors of the company for their vicarious liability...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director playing active role in day to day business of the company - Such director is liable as per S.141 of the Act - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial assistance - Failure to show if any sum was advanced towards financial assistance - Cheque amount not reflected in complainant's balance sheet - Other partners of firm did not depose as prosecution witnesses to establish that cheque amount was advanced to accused as financial assistance -..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65 -- Dishonour of cheque - Secondary evidence - Photocopy of legal notice - Secondary evidence of photocopy of legal notice allowed...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Accused must try for compounding at the initial stages - However, there is no bar to seek compounding of the offence at later stages of criminal proceedings including after conviction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere repayment of the amount cannot mean that accused is absolved from the criminal liabilities u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding - Quashing of a case is different from compounding...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding - Accused in jail for more than one year before being released on bail and has also compensated the complainant - Complainant in compliance of the order has also deposited an additional amount of Rs.10 lakhs - There is no purpose now to keep the proceedings pending in appeal before..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Parties are absent and notice be issued to complainant as per entries in rojkaam - However, there was no endorsement in rojkaam with regard to service of notice - In fact trial Court observed that notice did not return after..........
