Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Every person who was incharge of business of Company and responsible to Company for conduct of its business is vicariously liable apart from the Company itself - Such a person may be somebody other than a `Director' so long as he is an officer of the Company - However, an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Existence of legally enforceable debt - Appellant drawn demand draft favoring Executive Engineer, PWD and on basis of which contract awarded to `D' - Nothing on record to show that the amount came to respondent No.1 or for his benefit, although a case is made out by appellant..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert to prove that cheque does not bear signature of accused and that contents of cheque have not been filled by him - Permission granted to petitioner to examine private handwriting expert at his own cost - Application allowed...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Cheating - Dismissal of complaint by closing evidence of complainant - Not even a single effective opportunity afforded to complainant to lead evidence - Order dismissing compliant set aside - Complaint restored...........
Evidence Act, 1872, Section 138 -- Cross-examination - Murder case - A-6 had opportunity to cross-examine PW3 and PW4 on all the so called contradictions of these two witnesses - But he failed to avail the same and adopted cross-examination done by other accused and thus, gave up his right to cross-examination - Subsequently A-6 cannot be permitted to find fault in..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 138 -- Dishonour of cheque - Cross-examination of complainant closed after giving various opportunities to accused - Accused submitted that for the act of his counsel, he cannot be made to suffer, as without cross-examination of complainant he will be left defenceless and shall have no remedy -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - High Court convicted accused in appeal against order of acquittal by trial Court - High Court has not analysed evidence and assumed certain facts, as if they have been proved and proceeded to unsettle judgment of acquittal - Approach of High Court held, erroneous to overturn judgment of acquittal -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Dishonour of cheque - Acquittal - Appeal against - Dismissal of complaint for failure to prove that complaint is filed by duly authorised person of partnership firm - Placing on record partnership deed - Held, complainant ought be granted..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Application of petitioner for examining handwriting and fingerprint expert has been dismissed - Petitioner not denied his signature on cheque in cross-examination and in his statement u/s 313 Cr.P.C. rather he admitted the same - Whether cheque issued by..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Language of S.139 of the Act does not refer that initial presumption of consideration is in favour of complainant and the words `unless contrary is proved' means that burden to rebut said presumption is upon the accused - Presumption contained in S.139 of the Act is a rebuttable..........
