Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused transacting business on behalf of company on commission basis - Accused purchasing potatoes from complainant on behalf of company - Accused issued cheque in discharge of debt of company - Held, accused is validly prosecution - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 385, 386 -- Dishonour of cheque - Conviction - Appeal - Admitted and notice ordered to be issued to the complainant - Non appearance of accused - Appeal cannot be dismissed for default - Appellate Court has to peruse the record and pass an order on merits...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Non supply of goods for which cheque was issued - Not a ground to quash complaint - It is a matter of fact which has to be proved before a Court of law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Son issued cheque to discharge legal liability of his father - Son is liable on dishonour of cheque and not the father - Son is personally liable to pay the amount and it is not open for him to contend that the said amount is not legally enforceable and he is not bound by the cheque - Conviction of son..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque not issued for a debt or liability - Burden of proof is on the accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - If transactions are witnessed by power of attorney or he has full knowledge of the transactions, his statement can be recorded by Magistrate for verification of the complaint...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Consideration - Cheque issued towards investment in one of the complainants' Fixed Deposit Schemes - Cheque is issued without consideration or that it was not issued towards the discharge of any debt or liability - Order by Revisional Court setting aside the order issuing process cannot be faulted..........
Evidence Act, 1872, Section 138 -- Witness not cross-examined on a particular point of his statement - That part of the statement will be deemed to have been admitted...........
Electricity Act, 2003, Section 135, 138, 151, Indian Penal Code, 1860, Section 379 -- Theft of electricity - FIR lodged under S.379 IPC - FIR quashed - For theft of electricity provision of Section 135 Electricity Act applies - Cognizance of offence u/s 135 Electricity Act can only be taken upon a written complaint made by officer authorised...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued towards time barred debt - Once the cheque is issued, accused cannot contend that it is not in respect of legally enforceable debt - Time barred debt is also valid consideration...........
