Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 482 -- Dishonour of cheque - Additional evidence - Application of respondent firm to examine its banker as a witness allowed by Magistrate - Validity - `A' always claimed to be partner of complainant-firm which claim was disputed by applicant - If any additional evidence was sought..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 473 -- Dishonour of cheque - Condonation of delay - Delay of 1 day in filing of complaint u/s 138 of the Act - In absence of any satisfactory explanation by complainant for delay, Magistrate, on his own, by taking into account facts and circumstances of the case, cannot condone delay..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Non-executive Director is no doubt a custodian of the governance of company but is not involved in day-to-day affairs of running of its business and only monitors the executive activity - Simply because a person is director of company, does not make him..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - No specific role is attributed to appellant in commission of offence - Appellant resigned from Board of Directors much before the commission of offence - She was neither a director of accused company nor in charge of or involved in day-to-day affairs of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution contended that cheques in question were issued by virtue of Letter of guarantee thus appellant is liable u/ss 138 & 141 of Act - Dishonoured cheques were issued by company in discharge of legal liability - Appellate who gave letter of guarantee cannot be prosecuted..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Application u/s 45 of Evidence Act for sending disputed cheque for examination by handwriting expert was dismissed - As per accused cheque is not filled in his handwriting and operative part of cheque is filled by using different pens - Moreover, it will..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Jurisdiction - Dictum of Supreme Court that proceedings will have to continue where it is in case recoding of evidence has commenced as meant u/s 145(2) of the Act - Filing of affidavit of examination-in-chief - Case posted for cross examination of complainant - Held, once affidavit in lieu of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Authority given to power of attorney holder to operate the account - Dishonour of cheque, issued by power of attorney holder, for insufficient funds - It is power of attorney holder and not the principal who is liable to be proceeded against and punished for the offence punishable u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 20, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Accused admitted issuance of signed blank cheques - Holder of cheque can fill up the blank cheque, which is a valid instrument in the eye of law - There is no need to examine handwriting expert to verify whether contents of cheques were written by..........
Negotiable Instruments Act, 1881, Section 138, 20 -- Dishonour of cheque - Issuance of signed blank cheques - A blank cheque can be filled up by the `Holder thereof' which will be a valid instrument in the eye of law...........
