Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque return memo - In case of any irregularity or illegality in the format of cheque return memo then it can be addressed during the course of trial...........
Negotiable Instruments Act, 1881, Section 138, 146, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheque return memo - Quashing of complaint - Plea that photocopy of cheque return memo filed and original not filed and secondly cheque return memo is without bank seal - Neither S.138 nor S.146 of NI Act prescribes any particular form of cheque return..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of Manager of bank - Account statement of accused along with requisite clarification as to return memo is essential for just adjudication of case - No irreparable loss would be suffered by accused if application to summon Manager alongwith relevant..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signatures on cheque admitted - Presumption u/s 139 of the Act includes presumption that there exists a legally enforceable debt or liability - However, the presumption is rebuttable and it is open to accused to raise a defence wherein the existence of a legally enforceable debt or..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Can only be rebutted when there is probable defence - It cannot be probable defence that complainant has no capacity to pay the money until and unless an initial defence is set up by a reply notice or accused examines his witnesses and relies upon documentary evidence...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Can only be rebutted when there is probable defence - In the instant case signatures in the cheque not challenged and no evidence to that effect is reflected in the cross examination of complainant - No material produced to show as to how the cheque was in possession of complainant as..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Petitioners ceased to be Directors of Companies as on the date of issuance of cheque - Registration of complaint against petitioners for offence punishable u/s 138 of the Act held, not sustainable - Proceedings qua petitioners quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 2(wa) -- Dishonour of cheque - Complainant in a case u/s 138 of N.I Act is not a victim as defined u/s 2(wa) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4) -- Dishonour of cheque - Appeal against acquittal - Complainant in a case u/s 138 of N.I. Act is not entitled to file an appeal against acquittal according to provision of S.372 Cr.P.C rather he may prefer an appeal before High Court invoking provision of S.378(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Complainant is expected to allege that persons named in the complaint are in-charge of affairs of Company - It is only Directors of Company or Partners of Firm who will have special knowledge of role that they play in Company - Burden would be on Board of Directors..........
