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, 141 -- Dishonour of cheque - Offence by company - Company not arraigned as an accused - Accused signed the cheque as authorized signatory of Company - Company certainly is required to be joined as accused - In the absence of company being arraigned as accused, accused cannot be held vicariously liable for the offence - Accused..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Accused signed the cheque - Opinion of handwriting expert with regard to the age of ink used in making the signature on the cheque and the age of the signature and contents of cheque - Application filed by accused wholly frivolous and trial Court had rightly rejected the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque was admittedly signed by accused - Cheque returned unpaid for reason `funds insufficient' - Notice sent to accused demanding amount mentioned in cheque was returned unclaimed - However, address mentioned in notice is registered address of accused - Offence u/s 138 of the Act thus, stands..........
Negotiable Instruments Act, 1881, Section 138, 87, 20 -- Dishonour of cheque - Material alteration - Issuance of signed blank cheque - If any alteration appears on the body of cheque, such alterations need not require consent of accused/drawer of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account maintained by husband and wife - Cheque signed by husband only - It is only the drawer of cheque who can be made an accused in proceeding u/s 138 of the Act - Proceedings qua wife quashed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complainant failed to give details of month and year when loan was given - Complainant apart from making bald statement that he had advanced loan miserably failed to prove existence of legally enforceable debt - Defence taken by accused that his cheque book was lost substantiated by producing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of blank signed cheque would not absolve accused from liability - However, holder of cheque in due course cannot fill the amount more than he is entitled...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of blank signed cheque would not absolve accused from liability - However, holder of cheque in due course cannot fill the amount more than he is entitled...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question neither signed by accused nor drawn on a bank account maintained by him - Cheque is signed by father of accused - There is no liability of accused - Order of trial Court acquitting accused confirmed...........
