Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay - Condonation - Delay of three days in filing complaint condoned without affording any opportunity of hearing to accused - Interest of accused affected - Magistrate directed to decide the delay condonation application afresh by giving opportunity to both the complainant and accused to put..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred debt - Amount paid to accused on 3.3.2001 - Cheque issued dated 20.11.2003 - Finding of Magistrate that debt was time barred set aside...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Plea of returning amount in presence of two witnesses - These two witnesses not examined - Complainant not cross examined regarding repayments - Story of repayment came for first time in statement of accused u/s 313 Cr.P.C. - Case of accused inconsistent and self..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Payment made - Complainant not agreeable - Held, even if cheque amount is paid it does not absolve accused of criminal offence if complainant is not agreeable to the compromise...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by firm of Joint Hindu Family - All the members can be roped into as the drawers of the cheque though signatory is one of them...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Joint Hindu Family business - Deemed juristic person like a company or firm...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt or liability - Cheque issued to discharge debt of another person - It becomes a cheque issued in discharge of legally enforceable debt or other liability for the purpose of S.138 of the Act - Accused is liable u/s 138 of the Act...........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of complaint - Service of notice by registered post - Once notice is dispatched, complainant`s part is over, complying with conditions mentioned u/s.138(b) of the Act - Complaint cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - An allegation in the complaint that the named accused are Directors of the company itself would usher in the element of their acting for and on behalf of the company and of their being in charge of the company...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - A person in the commercial world having a transaction with a company is entitled to presume that the Directors of the company are in charge of the affairs of the company - If any restrictions on their powers are placed by the memorandum or articles of the company, it is for the..........
