Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Summoning of additional accused - Offence by company - Summoning of Chairman and Managing Director - Additional accused can be summoned on the basis of pre-summoning evidence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Summoning of additional accused - Offence by company - Summoning of Chairman and Managing Director - Petitioner being chairman and Managing director of company was incharge and fully responsible for day to day business of said company - Since cheques were..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Mere sending of demand notice cannot confer any territorial jurisdiction on Court to take cognizance and try a complaint under the Act...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 462 -- Dishonour of cheque - Jurisdiction - Lack of - Finding or sentence passed by a Court of competent jurisdiction cannot be set aside merely on the ground of irregularity if no prejudice is caused to the accused - Plea of lack of jurisdiction neither raised at the trial nor any..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 378(4) -- Dishonour of cheque - Dismissal of complaint in default - Said dismissal amount to acquittal of accused, and therefore, appeal and not revision lies u/s 378(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Self cheque - Word `or bearer' not scored off - It is thus a bearer cheque - Possessor of such a cheque for consideration can be termed as a holder in due course...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Overwriting of a digit in the amount entered in figures - It is material alteration only when there is corresponding correction in amount written in words - When there is no corresponding correction or alteration in the amount entered in words it cannot be considered as a material alteration...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Debt or legal liability - Presumption - Evidence on record established that accused was under an obligation or liability to make payment of cheque amount - However, accused failed to make payment of said amount despite service of demand notice - Accused tried to prove no, existence of any debt or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Chit fund business - Settlement letter - Letter formation in the signatures quite different from that in the body of the document itself - Moreover complainant did not even aver with regard to the execution of settlement letter - Legal presumption with regard to existence of a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account closed - Law as to - (a) Cheque issued of an account which was already closed; (b) Bank account closed after issuance of cheque; (c) Bank account closed by Bank without knowledge of account holder (for example treating the account as a non performing account) - (aa) When cheque is issued..........
