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...........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 11(2), Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction - Accused released on probation - Revision at instance of complaint who could have challenged impugned order by way of an appeal u/s 11(2) of Probation Act is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction - Accused released on probation - Revision against - When records of a case are called for by High Court not on its own motion but at instance of a party to the proceedings, it is open to High Court to exercise power of suo motu revision...........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4, 3, 6(2) -- Dishonour of cheque - Conviction - Release of accused on probation - Held, before deciding to release offender u/s 4(1) of the Act, Court is bound to call for report of Probation Officer...........
Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Cheating - Cheque bouncing - Bar on second trial - Held, dishonour of a cheque for insufficiency of funds may, in a given case constitute offence u/s 420 IPC and S.138 of NI Act for both of which offender is liable to be prosecuted either in..........
