Negotiable Instruments Act, 1881, Section 20, 87 -- Blank signed cheque - Applicability of provisions of Ss.20 & 87 - Held, S.20 of the Act would make it clear that there can be no material alteration of a cheque leaf only for the reasons that it was subsequently filled up - But at same time it cannot be said that whenever a signed blank cheque leaf is given, it gives..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque returned with endorsement `refer to the drawer' - Held, prima facie an offence punishable u/s.138 of NI Act is made out when cheque is returned with endorsement `refer to the drawer'...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Notice was given by respondent to applicant on 20.07.2006 which was served upon accused/applicant on 25.07.2006 - Accused/applicant did not pay amount due to complainant/respondent within 15 days from receipt of notice - Complaint u/s.138 was filed on 08.09.2006 - Held, complaint filed within..........
Criminal Procedure Code, 1973, Section 372, 378, 190(a), 200, Negotiable Instruments Act, 1881, Section 138 -- Private complaint - Appeal against acquittal - Held, an appeal against acquittal of accused by complainant in a case instituted on a private complaint u/s.190(a) r/w S.200 Cr.P.C. will not lie u/s.372 Cr.P.C. before Sessions Court but lie before High Court with..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Sentence of compensation - Suspension of - Held, sentence of compensation imposed upon convict is also a sentence imposed upon him in the form of fine - In an application if Appellate Court passes an order qua suspension of sentence, subject to deposit of compensation so imposed or a part..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Complaint against a Director or Managing Director as authorised signatory of a cheque is not maintainable without arraying the company as an accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summary trial - Evidence recorded in full and not in summary manner - Held, order of High Court directing fresh recording of evidence by successor Magistrate improper...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant discharged his liability by proving cheque and issuance of demand notice - Onus of rebuttal of presumption not discharged by accused - Order of acquittal set aside - Accused directed to pay double the amount of cheque failing which to suffer R.I. for 2 years...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - 12 Cheques - One composite notice - Notice qua 11 cheques not within time - Notice qua one cheque within stipulated period of 30 days - Complaint in respect of 11 cheques quashed - Complaint, in respect of 12th cheque is maintainable...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Cheque issued by 1st accused company got dishonoured - Bald averment in complaint that petitioners were also involved in day to day administration of company - Except allegations in complaint, there is..........
