Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Applicants being three directors of company contended that they already resigned from the post of director before issuance of cheque in question - However, as per averments in complaint, applicants are incharge and responsible for day to day trade, supervision, affairs and..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When signature on cheque has been admitted and it belongs to accounts of accused, then under such circumstances S.139 of the Act raises a presumption of law that cheque which has been duly drawn was given in discharge of debt or liability and burden shifts upon accused to rebut said..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When accused fails to rebut presumption drawn u/s 139 of the Act, then under such circumstances the case of complainant stands proved and accused is liable to be convicted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Death of accused - Legal heirs have right to challenge conviction of their predecessor for the purpose that he was not guilty of any offence - Legal heirs in such a case are neither liable to pay fine or to undergo imprisonment...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Cheque presented and dishonoured - Cheque again presented after its validity period of six months - Cheque became invalid - Entire proceedings vitiated - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Part payment made - Same does not wash away the offence, for which cause of action had already arisen - Such part payment may be taken into consideration at the time of imposing sentence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Trial at the final phase of arguments - Not proper to delve into disputed question of fact - Application dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Holder of cheque(s), a statutory presumption, is leveraged qua his holding it, in discharge of a legally enforceable debt, or other liabilities, entered into interse him and the complainant - However, afore endeavour is also extremely weak besides, flimsy, given the afore echoing,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Handing over of cheques by way of security per se do not extricate the accused from the discharge of liability arising from such cheques...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Notice - Question of service of notice - It is a triable issue - Order quashing proceedings set aside...........
