Negotiable Instruments Act, 1881, Section 145 -- Accused cannot adduce evidence by examining himself on affidavit...........
Negotiable Instruments Act, 1881, Section 147 -- Dishonour of cheque - Offence compounded by paying the entire dues to the complainant - Permission to compound offence granted...........
Negotiable Instruments Act, 1881, Section 138 -- Company - Dishonour of cheque - Complaint against Company not to be quashed on the ground that possession of fixed assets of company had been taken over by State Financial Corporation - Possession of assets other than fixed assets was not taken over by State Financial Corporation and company was not prevented from disposing..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent at correct address - Received back with postal endorsement 'Addressee not available' - Does not amount to service of notice unless it is proved that such endorsement was managed by the addressee...........
Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) - Notice - Proof of sending notice at the last known address is sufficient compliance with the provision of S.138 of the Act - Wife of accused received notice - It is not necessary to examine postman or wife of accused to prove that wife of accused had been duly authorised by accused to receive notice...........
Negotiable Instruments Act, 1881, Section 46 -- Pronote - One of the executant admitted his signature and signature of other defendant a forgery - No decree can be passed against the defendant who admitted his signature as the promissory note itself is vitiated by forgery - Rights and liabilities arise only under completed instrument...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 495 -- Dishonour of cheque - Death of complainant during pendency of appeal against acquittal - Brother of complainant allowed to pursue appeal...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Liability to pay - Pleading - Details as to how liability towards cheque arose need not to be pleaded - Pleading and proof is required that cheque was issued towards discharge of existing liability and it was presented for encashment and dishonoured for want of funds and he has complied with all..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution of cheque admitted - Presumption u/ss 118 and 139 of the Act is available that cheque was issued towards repayment of loan...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 223, 255, 482 -- Company - Dishonour of cheque - Complaint against Company, its directors and its officers who signed and issued cheques - Summons and warrants against Company and its Directors not served - Case split up - Prosecution continued only against officers who signed..........
