Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Writing on cheque - There is certainly no evidence to show that body writing on cheque in question is in a different hand or ink and has been made by a person other than the person who had signed on the cheque - Even, if there is any such difference in handwriting, the same would be immaterial once..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Where there is no dispute on facts and it is clearly made out from complaint and the appended documents that dishonored cheque issued by accused is admittedly for a consideration which is not a legally enforceable debt or liability, the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Complaint filed only against corporate entity - None of natural persons who were stated to be in-charge of and responsible for affairs of corporate entity were arrayed as accused - Proceedings initiated against corporate entity quashed...........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Territorial jurisdiction - Petitioners contends that whether the respondent maintains an account with the Bank within the territorial jurisdiction of trial Court or not - Respondent submits that he presented the cheque with the Bank where complainant maintains his account - Trial Court directed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Accused cannot escape liability on the ground that cheque in question was a security cheque, as same is integral part of commercial process and same acts as a deterrent for drawer against dishonouring his financial commitment and cam also be used towards discharging the liability of..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Accused not disputed his signatures on cheque in question - Prima facie there is no fact proved on record to rebut presumption in favour of holder of cheque - Defence raised by accused seems to be an afterthought and did not inspire confidence to both the Courts..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - - Sale of 2 properties took place between parties - Cheque which is subject matter of the case was issued in respect of only one of the properties and transfer of money which had taken place was in respect of another property - Even, belated plea which has been taken is insufficient to overcome the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - If a blank cheque has been given towards a liability and the cheque is filled up and presented to the bank, the person who has drawn the cheque cannot avoid the criminal liability u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction by trial Court - Acquittal by appellate Court - Plea of accused is that complainant obtained cheque from him in order to give him loan and neither returned the said cheque nor gave any loan instead misused the said cheque for filing complaint - Not replying to notice nor filing any police..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant proved on record cheque issued in his favour by accused, which on presentation were dishonoured - Neither any illegality in judgments of convictions nor they suffer from any jurisdictional error - 11 years have elapsed since institution of complaint - Accused is poor person, so in place of..........
