Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of director - Legality of - Petitioner having resigned from directorship of company long prior to the arising of cause of action stands substantially established - Prosecution of director liable to be quashed...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of director - Quashing of proceedings - Petitioner had resigned from directorship of company on 31.03.2002 and same has been duly intimated to Registrar of Companies - Cheques giving rise to complaints were of year 2004..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Existing liability - Appeal against acquittal - Dishonoured cheque had been issued before settlement of accounts as blank cheque as security when loan was advanced by complainant/financier to accused - Lower appellate court took notice of the fact that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Agreement between complainant and accused took place at Jamshedpur - Agreement conferred jurisdiction on court at Jamshedpur in the event of legal dispute having arisen - Held, criminal case cannot be quashed on ground of want of jurisdiction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non appearance of complaint - Acquittal of accused - Proprietary of - At the time of acquittal of accused by invoking provision of S.256 CrPC, NBW was pending against accused - Held, presence of complainant was not necessary - It is the duty of the Court to..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of directors - There is no averment in complaint to the effect that petitioners before this Court were in charge of and responsible to first accused company for conduct of its business - Held, prosecution of directors liable to be quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque given as security - If bounced, it is subject matter of a prosecution u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Plea that it cannot be taken to be issued in lieu of legally enforceable liability - Held, even if blank cheque is given towards liability or even as security, when the liability is assessed and quantified, if the cheque is filled up and presented to the bank, the person who had drawn the..........
Negotiable Instruments Act, 1881, Section 138, 138 -- Dishonour of cheque - Presumption - Under S.139 of the Act, it is presumed, unless contrary is proved, that the holder of a cheque received the cheque, of the nature referred to in S.138 for the discharge, in whole or in part, of any debt or other liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Material alteration - Figure `25' added in front of figure `2500' so as to read it as `2,52,500' with different pen and ink - Opinion of handwriting expert that cheque had been tampered with - Said fact in itself is sufficient to acquit accused - Acquittal - Leave to appeal refused...........
