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...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Compliant filed at a place `D' other than that where cheque was presented for collection and dishonoured - Banker of payee, after receiving the cheque from him, is required to present it to banker of drawer - Complaint is to be filed at Court where bank of drawer is located -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Petitioner nothing to do either with the proprietorship firm or with the proprietor of the firm - Petitioner not even remotely connected with the proceedings u/s 138 of the Act - Mere a vague assertion in complaint, without satisfying statutory requirement as per S.141 of the Act is such a circumstance,..........
Evidence Act, 1872, Section 154, 137, 138 -- A witness cannot be summoned for the purpose of cross examination only - In absence of any chief examination, a witness cannot be subjected to cross examination directly - For operation of Section 154 of the Act earlier provisions of Sections 137 & 138 of the Act have to be followed and a combined reading of all the three..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When a cheque is given after receipt of loan the same cannot be termed as having been given for security purposes - It can well be presumed to be in discharge of legally enforceable liability - Unless the accused fails to prove the return of loan amount, the cheque cannot be termed to..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 463 -- Dishonour of cheque - Blank cheque - Filling up of the blanks in a cheque by itself does not amount to forgery...........
