Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Execution denied - Burden is on the complainant to prove that the instrument was duly executed by the maker...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Suspicious circumstances surrounding the transection - No satisfactory explanation tendered by the holder of the instrument - Conviction is not legally permissible, solely banking upon the statutory presumption - Court is expected to examine whether the transaction covered by the cheque is genuine and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Complaint against firm and its partners - Quashing of complaint sought on the ground that petitioners are not partners of the firm - Complaint cannot be quashed on this ground - This plea can only be determined at the trial and cannot be gone into u/s 482 Cr.P.C. - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Partnership firm - Specific averments in complaint reveal that they looked after day to day affairs of the firm - Plea that petitioner was not a partner in firm - Such fact is to be established at trial - Documents of petitioner..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - 30 days - Use of words in the provision is `within' and not `from' - Intimation from bank received on 3.12.2003 and notice issued on 2.1.2004 - Held, notice was issued on 31st day and not within 30 days from the date of receipt of intimation from bank - Complaint not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Refer to drawer - Means insufficient funds...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Statement of Bank Official that cheque in question was not issued by their branch - No reliance can be placed thereon when cheque is dishonoured with endorsement `Refer to drawer'...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Place where an offence has been committed plays an important role - If an accused shifts his residence outside the territorial jurisdiction of the Court concerned then in such a case, the Court in whose territorial jurisdiction drawee bank i.e. bank of the accused is situated has the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - After taking of cognizance of offence, it is not open to Courts to suo moto throw out the criminal complaints abruptly by declaring that they do not have the territorial jurisdiction to deal with the matter...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Conviction - Validity - Bank returned cheques giving reasons that cheques were reported to be lost by drawer - Held, it amounts to returning of cheque unpaid - Conviction proper - Application dismissed...........
