Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 243 -- Dishonour of cheque - Signatures on cheque denied - Sending cheque to document expert sought when case was at the stage of defence evidence - Such a request should be granted unless Magistrate thinks that such a request is vexatious or delaying the criminal proceedings...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 243, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Signatures on cheque denied - Sending cheque to handwriting expert - Cannot be denied on the ground that accused filed application without naming any person as witness or anything to be summoned, which are to be sent for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Cheque issued for cost of goods to be supplied by drawee - Bank account closed after issuance of cheque - Cheque presented to bank for realisation and same dishonoured - No criminal liability for the reasons that (i) cheque when issued was blank; (ii) Cheque when presented for payment,..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Agent - Petitioner neither a director, manager, secretary or other officer of the company - Petitioner not incharge or responsible for the conduct of the business of the company - Petitioner may have handled transactions for and on behalf of the company in India - This does not bring..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Refusal by addressee - Refusal to accept notice is deemed a proper service - Counting of 15 days starts from date of notice or the date on which notice was refused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Refusal to receive - Complaint when found to be well within time then non mentioning of date of service or refusal of notice in complaint is not harmful to the complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Consideration - Drawer of cheque regular customer and purchasing goods on credit - Drawer admitting balance amount shown as due in running account, as true and correct - Dismissal of complaint on ground of non production of invoices relating to sales of goods held, not proper - Accused liable to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Winding up orders of company passed and official liquidator appointed - Complaint against Directors of Company in respect of cheques presented and dishonoured after winding up orders are passed is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - An implied authority is given to the holder of cheque to fill up the columns therein when a blank cheque duly signed is given - If holder of cheque fills up date and amount by words and figures then it does not amount to any offence - It is not a case of forgery an fabrication...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Mis-description of accused as proprietor whereas he was a partner - Complaint not to be rejected on this ground...........
