Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant could not appear due to lack of knowledge about transfer of case - Stage of case was for securing appearance of accused - Magistrate was not justified in straight away dismissing the complainant and ordering..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of proceedings - Cheques which were dishonoured are issued on Bank at Pune - Agreement executed between parties at Pune and accused residing at Pune - Cause of action has arisen at Pune - Only in order to harass accused complaints have been filed at Calcutta by manipulating the jurisdiction -..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to condition to deposit 20% amount of compensation - No reason is given by appellate Court while imposing condition - Impugned order to the extent of imposing condition set aside - Appellate Court directed to re-consider the same after giving..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of accused suspended on the basis of statement made by accused on affidavit/undertaking for depositing amount - However, no such amount was deposited by accused - Conduct of accused would go to show that accused is neither ready to argue the matter on merits nor complying with his own..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sending cheque to FSL - Cheque in question was duly signed by petitioner as drawer - Mere fact that particulars in the cheque have not been filled up by drawer but by some other person would not be material and would not by itself invalidate the cheque - Application for sending cheque to FSL for..........
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...........
