Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and summoning order - Complaint u/s 138 of the Act - Offence by company - Accused was Director of company - He has resigned from directorship of company in year 2006 i.e. before bouncing of cheque - However, accused was signatory to..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint u/s 138 of the Act - Offence by company - Mere bald statement that Director was incharge of and was responsible to company for conduct of its business is not sufficient to hold person guilty...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ingredients:-(i) that there is a legally enforceable debt; (ii) that the cheque was drawn from the account of bank of discharge in whole or in part or any debt or other liability which pre-supposes a legally enforceable debt; (iii) that the cheque so issued had been returned due to insufficiency of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Complainant alleged that accused availed loan from him and agreed to pay the same in monthly installment but the cheque issued for payment is dishonored - Accused took plea that the complainant had got his signatures on the blank cheques and other papers but no loan amount was disbursed to him - Absence..........
Criminal Procedure Code, 1973, Section 482, 202, Negotiable Instruments Act, 1881, Section 138 -- Quashing of complaint - Dishonour of cheque - Issue of process has not been issued - Held, for holding an inquiry for the offence u/s 138 of NI act issuance of summons is not attracted...........
Criminal Procedure Code, 1973, Section 378(4), Negotiable Instruments Act, 1881, Section 138, 139 -- Appeal against acquittal - Dishonour of cheque - Enforcement of debt - Presumption - Accused produced oral as well as documentary evidence that accused entered into business agreement with person A and both of them exchanged their two blank signed cheques - Complainant in..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Legally enforceable debt - Proof - Allegations that accused took loan for business purpose but no document on record to show as to where such amount has been withdrawn by complainant - Amount was given without executing any written document and without any interest is doubtful..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of Cheque - Enforceable debt - Complainant alleged that an amount was borrowed by accused for domestic purpose from the Finance company in which complainant is one of partners - Complainant despite an opportunity failed to produce the relevant records in regard to disbursement of loan in favour of accused -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of Cheque - Enforceable debt - Accused took plea that blank cheque was issued to finance company when he took loan of small amount and which is already repaid but cheque was not returned on pretext that same has been misplaced - The cheques bearing serial numbers subsequent to serial number of cheque in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 482 -- Dishonour of cheque - Application of respondent firm seeking permission of Court to lead evidence of one of partners of firm to prove some facts, allowed by Magistrate - Quashing of order - Applicant did not challenge the said order and also participated in the proceedings -..........
