Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Joint account holders - Vicarious liability - Cheques in question were issued from a joint bank account maintained by co-accused and applicant - However cheques were signed solely by co-accused - Applicant not being a signatory to cheques cannot be held liable for offence u/s 138 of the Act -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Even a blank cheque leaf, voluntarily signed and handed over by accused which is towards some payment, would attract presumption u/s 139 of the Act in the absence of cogent evidence to show that cheque was not issued in discharge of debt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If a signed blank cheque is voluntarily presented to a payee towards some payment, payee may fill in the amount and other particulars to complete said instrument - This in itself would not invalidate cheque - Onus still lies on accused to prove that cheque was not issued in discharge of a debt or..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Trust - Trust not arraigned as an accused in complaint - Complaint is maintainable against Trustee who has signed the cheque, without requirement to array Trust also as an accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused admitted the signed undertaking by him - Fact which was admitted by him need not to be proved by complainant during course of trial - Moreover, there was sufficient evidence to show that legal notice was duly served on petitioner - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Partnership firm not arraigned as an accused - However, partners of Firm arraigned as accused and notice was issued to them - Defect if any, is not significant or incurable in these circumstances - Moreover, cheque was issued in name of firm and signed by one of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Company has not been made accused separately - However, cheque in question is signed by Directors of Company and name of Company has also been mentioned in the complaint just below the name of Director - Directors are running the company and taking part actively in the affairs..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of handwriting and fingerprint expert - Application is completely vague, as it does not in any manner suggest as to what the said witness wants to testify - However, reading between the lines if the intention of petitioner/accused is to dispute the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of CW1/son of attorney of complainant - To give his specimen writing for comparison with the writing in the body of cheque - Cross-examination of CW-1 shows that he remained as a Munshi at the brick kiln of accused/petitioner - It has been..........
Indian Penal Code, 1860, Section 420, 379, 406, 427 -- Cheating - Jurisdiction of Court - Rent agreement executed between parties - Accused handed over three undated signed blank cheques to complainant as security - Complaint does not mention that cheque was handed over before parties entered into an agreement - Complaint does not show that complainant was persuaded to..........
