Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Person who has signed the cheque can be prosecuted even in absence of necessary averments contemplated u/s 141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Managing Director negotiated loan - Cheque issued by company for repayment of loan - Managing Director resigned - Cheque dishonoured thereafter - Managing Director who had negotiated loan cannot escape liability though he had resigned - It was he who had taken responsibility to accept..........
Negotiable Instruments Act, 1881, Section 4, Evidence Act, 1872, Section 118(a) -- Negotiable instrument - Presumption - When execution is proved there is presumption of consideration - Such presumption is rebuttable - Defendant can prove the non-existence of consideration by raising a probable defence - If the defendant is proved to have discharged the initial onus of..........
Negotiable Instruments Act, 1881, Section 4, Evidence Act, 1872, Section 118(a) -- Promissory note - Execution of promissory note admitted - There is presumption of consideration - Defendant neither proved nor established probabilities of circumstances under which the promissory note and receipt were executed - Presumption in favour of plaintiff not rebutted so as to shift..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Accused summoned being Directors of Company - Defence of accused that they had nothing to do with the affairs of the company - Held, that complainant had pleaded in his complaint that petitioners were directors of the company and were in-charge and responsible for the affairs and business..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Complaint by Managing Partner of a firm in respect of a cheque issued in favour of firm is maintianble...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default before taking cognizance but after hearing arguments for taking cognizance - Restoration application filed within 13 days - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties compounding offence during revision - Allowed - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 320 -- Compromise and compounding - Not synonyms - Any dispute can be compromised between the parties if the terms are not illegal - But only a compoundable offence allowed by law can be compounded...........
Negotiable Instruments Act, 1881, Section 147 -- Offences under the Act committed prior to insertion of S.147 are compoundable - However, provision is not applicable to concluded matters...........
