Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account closed - Execution of cheque proved - Accused did not successfully rebut presumption in favour of complainant - He has no case that he has not borrowed the money - Accused has not explained how his cheque happened to be in possession of complainant - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account closed - Execution of cheque proved - Accused did not successfully rebut presumption in favour of complainant - He has no case that he has not borrowed the money - Accused has not explained how his cheque happened to be in possession of complainant - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254 -- Dishonour of cheque - Production of two promissory notes by which accused had taken loan and to discharge the amount he issued the cheques which were dishonoured - Copies of said promissory notes were already provided to accused before trial Court - Order allowing application of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors on the date of issuance of cheque and who signed the cheque as authorised representative of company but not directors on the date when cheque was presented to bank for encashment - Status of Directors can be tested and adjudicated upon by trial Court after parties..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director had already resigned from Directorship of Company before issuance of cheque in question - No liability therefore, can be affixed upon such director - Proceedings qua such director quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Once petitioner has brought on record unimpeachable evidence in the shape of documents that he has resigned from directorship before issuance of cheque, merely because he did not reply to legal notice denying her directorship, no adverse inference can be drawn against..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Merely because petitioner had entered into compromise with other complainants in their complaints under N.I Act, does not in any manner establish that petitioner continued to be involved in the running of day-to-day affairs of Company post her resignation as a director...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence u/s 138 of the Act cannot be compounded at the stage of revision before High Court without consent of complainant...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signatures of accused - Sending cheque to FSL - Complainant sought examination of cheque in question by a Government appointed handwriting expert - Merely because cheque had already been examined by a private expert, application cannot be rejected on the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Liability of partners - Loan transaction - Cheque is question issued by A4 - Account in bank was being run by A4 - Petitioners being family members of A-4, cannot be roped in only for the reason of being partners in A-1 Firm - Proceedings against petitioners quashed...........
