Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 73, 82, 83 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Without a report on service of summons/bailable warrant of arrest was produced before Magistrate - In absence of such report, it cannot be concluded that accused has been evading arrest or..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Precise pleadings must be incorporated in complaint to the effect that firm has committed offence punishable u/s 138 of the Act and that Managing Partner of firm is also guilty for being in charge of firm and responsible for conduct of business in that capacity...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Leave to appeal against acquittal - At time of presentation of cheque before bank there was no legally enforcement debt or liability in view of mortgage agreement executed between parties in which cheque was to be presented before bank after thirty months -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Can be rebutted by raising a probable defence...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Leave to appeal against acquittal - Complainant in his cross examination stated that he does not know as to for what purpose accused has taken money from him - Even, complainant has not shown loan paid by him to accused in his income tax..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Non executive Directors - In absence of any further averments as to their role in the company at the time of commission of offence, presumption u/s 141 of the Act cannot be raised against them - Summoning order and proceedings qua petitioners quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Petitioners No.1 and 2 not signatory of cheque - Petitioners No.1 and 2 cannot be prosecuted u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Application u/s 311 Cr.P.C. for examination of expert witness to elicit differences in ink on cheque dismissed - As per accused, cheque in question was given as security at time of running STD/PCO by complainant in year 2002-03 but those cheques were filled..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Application of petitioner for examining handwriting and fingerprint expert has been dismissed - Petitioner not denied his signature on cheque in cross-examination and in his statement u/s 313 Cr.P.C. rather he admitted the same - Whether cheque issued by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C. - Not mandatory in respect of proceedings u/s 138 NI Act...........
