Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 259 -- Dishonour of cheque - There is no impediment to convert a case from summons case to warrant case for offence u/s 138 of the Act either before commencement of trial or even after trial has commenced...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - All the ingredients which constitute the offence u/s 138 of the Act have to be spelled out by the complainant to sustain the charge...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Presumption is in favour of the holder of the cheque that the cheque was issued by the drawer in discharge of full or part of the existing debt or legal liability - However, this presumption is rebuttable - Accused is required to be given full opportunity to rebut..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Only the power of attorney, agent or a person authroised in writing by the payee or holder in due course of the cheque, is a competent person to present the complaint - Demand notice issued and complaint filed by a person describing himself as proprietor of firm, when in fact he is..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed by Manager of firm in his personal capacity - Manager or authorized representative can file complaint on behalf of the payee or the holder in due course but cannot file complaint in his personal capacity - A persona can be authorized to initiate criminal prosecution on behalf of the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Petitioner arrayed as a party on account of some misunderstanding - Complainant having no objection if complaint against petitioner is quashed - Complaint qua petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back with postal endorsement `Refused' - No signature of any of the witness before whom the accused refused to take the notice - Postal peon not examined - Service of notice not proved - Acquittal upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non appearance of counsel of appellant - Case dismissed for non prosecution - Case was filed in 2005 and was listed on 17.3.2008 for first time and on next day it was dismissed for non prosecution - Order of High Court set aside - Case remanded back...........
Negotiable Instruments Act, 1881, Section 138, 46, 48 -- Dishonour of cheque - Holder in due course - Other than the payee - There must be indorsement in his favour and delivery of cheque - Delivery of cheque alone is not sufficient...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction of accused - Appeal against judgment of conviction and order of sentence - Appellate Court while suspending execution of sentence imposed condition of asking appellant to remain present in court - Held, condition is harsh and puts accused in difficult position - Court can ask accused to..........
