Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Issuance of cheque and signatures admitted - Accused had taken different stands with regard to cheque in question but same not proved - Accused failed to rebut the presumption - Mere statement by accused in itself is insufficient to raise suspicion with regard to entire case of prosecution -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 482 -- Dishonour of cheque - Application for amendment of title of complaint by inserting name of company - Cheque was issued by the accused in the name of company and cheque was issued to discharge liability towards company - Amendment if granted, would only help court to arrive..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Issuance of four cheques towards advance rent - Premises vacated - One cheque presented for recovery of damages caused to the property - Civil Court decree was passed against complainant and a finding was recorded that no damage was caused to building - Respondent successfully rebutted the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Friendly loan - Basic ingredients which are required for transaction not disputed - There is no dispute relating to issuing of demand notice by complainant to accused - Accused sentenced to pay Rs.3,00,000/- in default S.I. of One year u/S.138 of NI Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by company - Company not arraigned as an accused - Cheque issued on behalf of Company not in individual capacity of Directors - Prosecution simplicitor against Director without making specific averments about role played by them, would not be maintainable - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Requirement for at least stating that person who is responsible or in-charge for day-to-day conduct of business of company was also holding his office at relevant point of time when offence was committed - That part of averment whether person was holding office at time of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Difference of signatures - Cheque dishonoured for difference of signatures constitutes offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint and issuance of process - Security cheque - Question whether issuance of cheque as a security cheque and whether at the time when cheque was presented for payment, it was not for discharge of any debt or any other liability cannot be determined either by trial Magistrate at the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused did not dispute drawing of cheque and his signature thereon - He alleges that there is alteration in date of cheque so as to bring it within validity period - However, nothing has been brought on record to show that there was no legally enforceable debt - Accused rightly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - No documentary proof was placed on record to show that accused is a handicapped person - Age of accused shown to be 55 years - Thus, accused was not even a senior citizen at the time of deciding of appeal - Leniency shown by Additional Sessions Judge thus, was wholly unwarranted - Accused did..........
