Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that cheque was given to one `N' and it was obtained from him by force and present complaint was filed - `N' not examined - Held, Courts below were justified in coming to the conclusion that accused had issued cheque in discharge of an amount legally due from the accused to the complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Petitioner sentenced to undergo imprisonment till rising of Court and also to pay cheque amount of Rs.2,30,000 to complainant as compensation, in default to undergo S.I for six months u/s 357(3) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Managing Director - Cheque issued on behalf of company - Managing Director cannot be convicted without impleading company as an accused...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Complaint against Director of company only without arraigning company as an accused - Arraigning of company as an accused is imperative - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Stamp Act, 1899, Section 35 -- Dishonour of cheque - Complaint u/s 138 of the Act - Complaint through power agent - Admittedly, cheque not issued on date of execution of power of attorney - Rather, power to institute complaint u/s 138 of the Act mentioned in power of attorney which was given earlier, will not lead to..........
Negotiable Instruments Act, 1881, Section 138, Stamp Act, 1899, Section 35 -- Dishonour of cheque - Complaint u/s 138 of the Act - Complaint through power agent - Power of attorney admitted by principal - Signing by power agent in place earmarked for principal and principal signing in place earmarked for agent will not invalidate power of attorney - Moreover, by putting..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Mere denial or rebuttal by accused in reply notice is not enough to rebut presumption - Accused has to prove case by cogent evidence that there is no debt or liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act - When in cheque, payee's name is written in one ink and remaining body of cheque is written in another ink, it cannot be presumed that cheque is not a valid document...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complaint u/s 138 of the Act - Presumption - When payment to accused is proved through statement produced by accused and issuance of cheque by accused is not denied then mere non production of pronote and day Book Ledger, though summoned is not fatal - Accused rightly convicted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Director - Vicarious liability - Before issuance of cheque, Director of a company who resigned from his post of Director and resignation duly accepted by Company vide its resolution passed in the meeting of its Board of Directors and Certificate to this effect also issued by..........
