Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Standard to prove for doing so is by a preponderance of probability - When accused is able to establish probability which creates doubt about existence of legal enforceable debt or liability, then complaint can be dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Disputed signatures - Non examining of signatures from an expert - Bank witness did not support defence - Order of conviction, upheld...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Non Director - Even a non director can be liable u/s 141 of the Act, on the basis of averments made by complainant in the complaint...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Summoning Order - Quashing of complaint - Averments in complaint prima facie reveal that offence u/s 138 of the Act is made out against each and every person including the petitioners - Petitioners had submitted their resignations after..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of Directors - Pleading - Averments in complaint that accused Nos.2 to 7 are Managing Director/Directors or authorized signatories and responsible persons for day to day act, conduct and affairs of the business as well as the liabilities of the company - Held, it prima facie..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Conviction - Validity - Complainant supplied some spare parts of motor vehicles to accused firm - Cheque issued by co-accused got dishonoured for want of appropriate funds in account - Notice was given in name of firm which was received by applicant and he was the Manager - Held, when it is..........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Reasons for not trying the case summarily not recorded - Accused cannot be permitted to fall back upon the fact that Court has not passed specific order of conducting the matter as regular trial and not summary - Do novo trial cannot be ordered...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Issuance of process - Offence u/s 138 of N.I.Act is no, cognizable and therefore need not to be assigned to police for conducting investigation - S.202 Cr.P.C. has no applicability to a complaint u/s 138 of N.I.Act...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of complaint - Agreement for sale of poultry farm entered into by petitioner through his attorney - Petitioner was admittedly not present on any occasion of agreement to sell, issuance of cheque and other relevant issues - No..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Merely because petition of quashing was filed by petitioner through his attorney, petition cannot be rejected - Petition, held, maintainable...........
