Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summary trial or summons trial - Detailed affidavit of examination-in-chief and lengthy cross examination - Clearly shows that case was tried as summons trial - Perusal of cross-examination shows that full dress trial was held and it is with that understanding, both the parties joined the trial even..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Source of income - It is a relevant question in the complaint u/s 138 of the Act - Production of agreement to sell by way of additional evidence to show source of money - Held, production of this evidence will certainly assist Court to..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Legally enforceable debt - As per evidence on record, it appears that defence of accused is that cheque in question was stolen, which is palpably false - Even, DW-1 stated that cheque found missing and it is discerned only after a day - Story of accused, that he wrote to SHO of..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Legally enforceable debt - As per evidence on record, accused could not prove to contrary, the presumption that cheque issued by accused in discharge of legally enforceable debt - Even, plea of theft of signed cheque proved false - Accused could not rebut presumption in favour of..........
Negotiable Instruments Act, 1881, Section 138, 139, 118, Income Tax Act, 1961, Section 269SS -- Dishonour of cheque - Presumption - Legally enforceable debt - As per accused, complainant could not establish any legally enforceable debt or liability as admittedly complainant is not income tax payee, and as per S. 269-SS of the Act any loan or deposit of more than..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - As per accused, demand notice not received by him as it was sent on wrong address appears to be incorrect as summons by Court which were sent at the same address, were received by him - Moreover, notice which was sent by UPC did not return, which indicates that it was duly served - Both..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Company and its Directors are not liable when cheque is drawn by an employee of company on his personal account for discharging dues of company and its Directors...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Managing Director - When accused is Managing Director then specific averment that accused was incharge and responsible for affairs of the company is not required as Managing Director by virtue of his position is liable to be proceeded with...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Liability - A person who draws a cheque on an account maintained by him for paying the payee, alone attracts liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Company and its Directors are not liable when cheque is drawn by an employee of company on his personal account for discharging dues of company and its Directors...........
