Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - High Courts can consider and lay down category of cases where proceedings or part thereof can be conducted online by designated Courts or otherwise - High Courts may also consider issuing any further updated directions for dealing with S.138 cases in the light of judgments of this Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution - Proof - Admission of signing a blank cheque leaf - Accused did not admit that he received any amount from the complainant or that he issued the cheque to the complainant - Held, complainant is bound to adduce evidence to prove execution of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution - Proof - By suggestion in cross examination - Not sufficient proof - A party should not leave to the cross examiner proving a fact by suggestion which the former should prove by his evidence - Held, difficult to hold that complainant has proved execution of cheque...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - When prosecution is initiated against individual or proprietary concern, it is only the drawer of cheque who can be prosecuted, provided that account is maintained by said person - Neither no, signatory can be prosecuted nor can prosecution be sustained against person in whose name account is not..........
Negotiable Instruments Act, 1881, Section 141 -- Dishonour of cheque - Deemed liability u/s 141 of the Act - Will not apply in case of individual or proprietorship concern...........
Negotiable Instruments Act, 1881, Section 141 -- Dishonour of cheque - Agency - Principle of agency is a concept of civil liability which cannot be extended to fix penal liability when penal provision does not allow Court to do so...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Culpability attached to dishonour of cheque can in no case "except in case of S.141 of N.I. Act" be extended to those on whose behalf the cheque is issued...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Criminal prosecution u/s 138 of the Act, is neither for recovery of money nor for enforcement of any security etc. - It is a penal provision, commission of which offence entails conviction and sentence on proof of guilt in duly conducted criminal proceedings...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 203 -- Dishonour of cheque - Complaint against Manager, Secretary and member of Society - Issuance of process - Complaint against Manager not made out - Complaint against him be dismissed instead of discharging him...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint against Manager, Secretary and member of Society - Disputed cheque is signed by Secretary and Member of Society - Manager is not signatory to disputed cheque - He cannot be thus, prosecuted for an offence u/s 138 of the Act - Complaint qua Manager of society dismissed...........
