Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 - - Dishonour of cheque - Territorial jurisdiction - Quashing of complaint - Statutory notice was sent from Delhi - None of the other events, which could lead to even a prima facie view that offence was committed, took place within territorial jurisdiction of court at Delhi - Held,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Even a prima facie case is not made out against petitioner bank - Held, insofar as petitioner bank is concerned, it will stand discharged in complaint case...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - In the absence of incriminating circumstances, a Director of a company cannot be deemed to be in-charge of and responsible to the company for the conduct of its day-to-day business...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Not a signatory to the cheque - To fasten the liability on the Director of a Company for offence u/s 138 of the Act, it is necessary to see the averments contained in the complaint qua that director...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Specific role not assigned to the petitioner to indicate that he was engaged in the day-to-day affairs and management of the company - Complaint quashed qua petitioner...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Plea that very little progress has been made in complaint case and that more than 11 years have passed - Petitioner himself is a senior citizen and pendency of criminal complaint for a long number of years constitutes a harassment - Held, learned MM directed to complete trial..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of Cheque - Presumption as to guilt - Rebuttal of - Held, court taking cognizance of complaint u/s 138 of the Act is required to be satisfied as to whether a prima facie case is made out under said provision - Drawer of cheque undoubtedly gets an opportunity u/s 139 of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signature on cheque not disputed - Presumption is that such signature has been assigned only after knowing the contents...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Conviction - Validity - Evidence establish that towards repayment of Rs.65,000/- borrowed from first respondent revision petitioner issued cheque which was dishonoured when presented for encashment for insufficient funds - It is also proved that first respondent had complied with all statutory..........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4(1) -- Dishonour of cheque - Conviction - Accused cannot be released on probation under Probation of Offenders Act...........
