Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Production of documents - Case fixed for arguments - Documents in question are statement of account being maintained by public bank in usual course of its business - Documents are necessary in order to prove transactions between parties for showing existing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where drawer of a cheque intentionally appends a different signature on cheque, which does not match with his specimen signature available in bank, offence u/s 138 of the Act would be constituted against drawer...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where a drawer intentionally with a view to prevent honour of cheque, makes overwriting/alterations in cheque, either in amount mentioned in cheque or in the date mentioned therein, without authenticating these overwritings or alterations, offence u/s 138 of the Act would get attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - So long as an act or omission on the part of drawer of cheque is intended to prevent cheque being honoured, dishonour would become an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Alteration in the amount mentioned in cheque qualifies to be a material alteration within the meaning of S.87 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration in cheque - Issue as to whether the alterations made in cheque, which is subject matter of complaint, have been made at the instance of petitioner or at the instance of respondent, can be determined only after trial as the same is a question of fact which cannot be gone into..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Liability of partners - Applicants being partners of Firm cannot escape from their liability because a partnership firm is not really a legal entity separate and distinct and it can have a legal persona only when it is considered along with its partners...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Liability of partners - Applicants are partners who have executed a Power of Attorney in favour of one `S' to look into affairs of firm i.e. financial and other liabilities - `S' has acted on the basis of Power of Attorney executed by applicants and he has issued cheque on behalf..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138 -- Recall of PWs - Cross-examination is statutory right of accused - Unless and until said opportunity is provided to accused, he would not be in a position to put defence in a proper way - For conducting a fair trial, proper opportunity is required to be given to accused...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - Order to deposit 20% of compensation amount - Accused facing financial difficulty - Not a sufficient ground to waive off deposit of 20% of compensation amount...........
