Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Under Ss.118, 139 of the Act a holder of cheque is a holder in due course unless properly rebutted by accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Merely because complainant did not examine listed witness in support of his contention about taking of loan by accused, the same cannot be discarded as a doubtful...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by one partner to the other towards his share/profit in the firm - Profit or share in a partnership firm is not a debt of one partner to the other - Both the partners in the firm are in the capacity of owners - Owners of the firm, partners are jointly and severally liable - If for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of Cheque - Quashing of complaint - Notice - Plea of non service of notice - Complainant produced certain documents to show that such notice was sent by registered post in the given address and service of same is authenticated by postal department - Moreover, Court cannot..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Delay in filing complaint - Complainant in his complaint specifically narrated circumstance that despite repeated requests to postal department, no acknowledgement of notice was furnished - It was in these circumstances complainant issued a second notice - Complainant indicated adequate and sufficient..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Managing Director - A fact denied by petitioner - Petitioner not signatory of cheque - Neither any pleadings nor any assertions that petitioner was in-charge of or was responsible to the company for conduct of business of the company - It is apparent from the print out from the site of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-responding to notice by accused - Not sufficient to initiate prosecution...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Appeal against Acquittal - Presumption carried under statute in respect of cheque stood rebutted by vital admissions suffered by complainant as at the time of advancement of alleged loan currency notes of denomination of Rs.2000/- were not in existence - Since liability alleged by complainant is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-impleadment of Sole proprietary - Accused running a Sole proprietary concern - It was neither a partnership firm nor a company nor any other association of persons - Provision of S.141 of the Act thus, not applicable - Complaint lodged against accused in his capacity as sole proprietor of Sole..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401, 394 -- Dishonour of cheque - Conviction - Appeal also dismissed - Revision - Death of accused during pendency of revision - Revision does not abate - Court can pass appropriate orders with regard to sentence of fine...........
