Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Proprietorship firm - Burden to prove that it is a proprietorship firm lies on the complainant - Use of word `M/s' may also lead to an inference that it is a partnership firm - On the other hand, claim of complainant that it is a proprietorship firm not denied by accused - In such circumstances, it..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert sought to be examined by accused in rebuttal on the plea that ink of signing the cheque and filling remaining particulars of cheque are different - Application dismissed on the ground that accused has admitted signing the cheque as such deposition of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once it is proved that offence has been committed, Court is under obligation to impose appropriate sentence to accused person...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Authorship of handwriting - Authorship of handwriting is irrelevant when issuance of duly signed cheque voluntarily given is admitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Refusal to grant further adjournment in favour of accused to adduce evidence of defence witnesses - Accused should not be allowed to unnecessarily protract trial or request the Court to issue summons to witnesses whose evidence would not at all be relevant for deciding the case - In such situation trial..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Misuse of cheque - Defence substantiated that there was tampering with the cheque as word `fifty' was not legible - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Misuse of cheque - Absence of pleading in complaint or affidavit that cheque was issued for discharge of debt or liability - Defence of misuse of cheque substantiated from the fact that there was tampering with the cheque as word `fifty' was not legible - Defence taken was probable - In absence of..........
Indian Penal Code, 1860, Section 420 -- Cheating - Cheques dishonoured - Plea that both the proceedings u/s 138 Negotiable Instruments Act and S.420 IPC can go simultaneously - However, in the present case only one remedy u/s 420 IPC is availed - Said plea would have been available only if both the remedies had been availed of by the complainant - Complaint and summoning..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties - Complainant is permitted to withdraw complaint - Accused directed to deposit compounding fee of Rs.2000 instead of 15% of cheque amount...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of defence evidence - Opportunity to adduce defence evidence was granted - No defence evidence was led and Court closed the defence evidence - Petitioner should have assigned reasons for not adducing defence evidence for consideration of Court - Criminal trial cannot be delayed without any..........
