Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan in the joint name of husband and wife - Cheque issued by husband who was a co-borrower - Non impleadment of wife is of no consequence as far as these proceedings are concerned - Being co-borrower husband is under liability to discharge liability for which he issued cheque and same was dishonoured...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Vicarious liability - Without specific allegations in the complaint reflecting the role of accused, persons named cannot be summoned in case u/s 138 r/w S.141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Vicarious liability - Joint liability to pay a debt will not be sufficient to make a person vicariously liable u/s 141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Vicarious liability - Complaint cannot be quashed merely on the ground that no particulars are given in the complaint about role of director if the basic averment was sufficient to make out a case in the complaint...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Vicarious liability - Petitioner was Director of Company at the time when offence was committed - However, dishonoured cheques had not been signed by petitioner/director - Averments made in the complaints even if fully accepted, documents annexed thereto ex facie..........
Negotiable Instruments Act, 1881, Section 138, 118, 20 -- Dishonour of cheque - Writing on cheque - Name of payee written in different ink will not per se render cheque invalid in view of Ss.118 & 20 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signature on cheque and trade relationship between complainant and accused is admitted by accused - Ledger accounts extract maintained in the course of business proves debt payable by accused to complainant - Accused rightly convicted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Loan transaction - Complainant established the fact that cheque was issued by accused and cheque was dishonoured for reason "Funds insufficient" and statutory notice was sent to accused - Accused failed to rebut statutory presumption either by cross-examination of complainant's..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - `Giving of notice' and `receipt of notice' is in relation to presumption of service u/s 27 of General Clauses Act which would attract only on proof by complainant by producing postal receipt which would clearly establish that postal cover was correctly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - No acceptable documents was produced by Complainant to show that alleged amount due to him has been quantified - Accused had rebutted statutory presumption and raised probable defence which creates doubt about existence of legal liability - In such circumstances, burden..........
