Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by husband from an account jointly operated by him and his wife - Prosecution of both husband and wife - Allegation that both accused were possibly involved in negotiations that took place prior to issuance of cheque - No specific averment as to involvement of wife in issuance of cheque -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of double of the amount - Notice if does not specify the amount in terms of the cheque, the same does not satisfy the legal requirement - Complaint dismissed - Order upheld...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65 -- Dishonour of cheques - Two cheques - Complainant filed xerox copies of cheques - Original cheques not filed - Complainant cannot produce secondary evidence u/s 65 of Evidence Act - Complaint rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65(a) -- Dishonour of cheque - A party to a proceeding can seek aidence of S.65(a) of Evidence Act only after proving the fact that the original document in question is in possession or power of the person against whom the same is sought to be proved...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused filed complaint for offences indictable u/ss 420 and 465 IPC against complainant and two others in respect of very same cheque - Complainant sought transfer of private complaint filed by accused to Court where complaint u/s 138 of Negotiable Instruments Act is filed - Held, interest of justice..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account - Account could be operated by anyone - Non signatory of the cheque is not liable for the offence committed u/s 138 of N.I. Act - Under S.138 of the Act, the person who is drawer of the cheque can only be prosecuted and not the other except the contingencies mentioned u/s 141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of Cheque - Joint account of husband and wife - Husband issued cheque drawn to joint bank account to discharge his liability - Wife neither having dealings with the petitioner nor drawer of cheque - Held, wife is not liable - Proceedings against wife quashed...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint - Delay - Condonation - 13 days delay - Supported by an affidavit - Court should take a reasonable view in condoning the delay - Delay can be condoned in the interest of justice having regard to the nature of transaction and the amount involved and also having regard to the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Proprietorship firm - Notice sent to partner in his individual capacity without mentioning him as proprietor of the firm - Held, a valid notice - Proprietorship firm is not a legal entity - It is only the proprietor of the firm who is a legal entity...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Proprietorship firm - Loan - Repayment - Neither books of account produced nor any receipt produced as to repayment of loan amount - Conviction upheld...........
