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...........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Quashing of complaint - Pre-mature complaint - Cause of action arises only after expiry of 15 days of service of notice - In instant case, Magistrate taken cognizance before arising of cause of action - Cognizance and complaint illegal - Complaint..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Quashing of complaint - Time-barred complaint - Magistrate taking cognizance of complaint beyond time for one of the cheques - Cognizance not legal as per S.142(b) of the Act - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Mere issuance of notice at a place does not confer jurisdiction in a Court at that place, when everything constituting cause of action took place within jurisdiction of another Court...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Offence u/s 138 of the Act is compoundable...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Direction to pay double the amount of cheque as compensation - Appellate Court maintained conviction but amount of compensation reduced - During pendency of revision in High Court parties compromised and payment made towards full and final settlement of dues - Held, offence u/s 138 of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amount of cheque Rs.1.50 lakhs - Sentence of fine only imposed and that too for Rs.5, 000/- - Held, it is a flee bite sentence - Matter remitted for imposing adequate and appropriate sentence including the award of reasonable amount of compensation...........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Consideration - Presumption - Rebuttal - It is not necessary for accused to disprove the existence of consideration by way of direct evidence - Accused can raise a probable defence from the material brought on record by him as well as by the complainant - Presumption could be rebutted..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company/firm - Non impleadment of company/firm - Not fatal for the case...........
