Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance - Quashing of - Even though there is some technical cliches regarding presentation of complaint in the sense that complaint has not been initiated by a Director of company acting on behalf of company but by an employee of company,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Accused admitted that cheque was drawn by him and same came to be dishonoured when presented for its realisation by complainant had also issued a notice to accused demanding cheque amount - Said evidence of PW1 could not be shaken by accused though he has cross examined PW1 and led evidence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Complainant failed to lead appropriate evidence to satisfy Court regarding mandatory requirement of issuance of notice u/s 138 of the Act - Accused rightly acquitted - Leave to appeal held, rejected...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 482 -- Dishonour of cheque - Additional evidence - Accused was assigned to sell property belonging to complainants who sold their property belonging to complainants who sold their property and taken money from purchasers but not paid complainant - Cheques which were issued to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Plea of accused that she issued blank cheques and she did not even fill in those cheques - Cannot absolve her from liability particularly when it is proved that she had a business transaction with complainant and admittedly she had taken advance from complainant to facilitate such..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - No action can be taken against a person who is merely account holder and who has not issued cheque...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Appeal against acquittal - Complainant except making a bald assertion regarding his financial capacity to mobilise funds has not produced any other document - Hence, it cannot be presumed that cheque was issued in discharge of legally enforceable debt or liability - As such,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused has not been able to rebut presumption u/s 139 of the Act - He has not denied his signatures in cheque - He does not deny fact that receipt was given by him which acknowledges a sum of Rs. 15,00,000/- was taken as loan - Moreover, mere ipse dixit of accused and statement in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of order declaring accused as proclaimed offender - If accused shows his sincere intention and desire to appear before Court, then it would not be unjustified to protect him from being arrested - Order declaring accused as proclaimed offender set..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Offence by company - Cheques has not been signed by present petitioners, the same has been signed and issued by `A' from individual bank account maintained by him - Present petitioners cannot be made vicariously liable for the..........
