Negotiable Instruments Act, 1881, Section 138, 141 -- Companies Act, 1956, Ss.456, 457 - Dishonour of cheque - Offence by Company - Wind up proceedings against the company - Provisional Liquidator appointed - Directors of the company cannot be held responsible after appointment of Liquidator...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - A trust is reposed to fill the amount as per the understanding or agreement between the parties - If there is prima facie reason to believe that said trust is not honoured then continuation of prosecution u/s 138 of the Act would be the abuse of process of law - In that event parties are..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Recall of process - An accused aggrieved by the issuance of process has the remedy to approach High Court either u/s 482 Cr.P.C. or under Article 226/227 Constitution of India and not to the same Magistrate who issued the process as he has no jurisdiction to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - To discharge liability of the company one of the Directors issuing cheque from his individual account - Company and its Directors are not liable...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Issue of process - Quashing of - Except for mentioning that notice had been sent on 1st March, 2005, and that same had been received by appellant, no date has been mentioned as to when same was received by appellant - Held, period for computing cause of action and limitation prescribed u/s.142..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction in sentence - Entire amount of compensation alongwith fine as directed by trial Court paid - Accused facing criminal prosecution for the last seven years - Accused did not commit earlier any such or similar offence - Sentence of imprisonment set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Cross-examination of witness of complainant - Accused availed numerous opportunities for same, but cared not to conclude it - Cross-examination ordered to be closed considering age of case and previous order granting time as final opportunity to accused - Held, it would be prudent to give accused another..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Postal endorsement of `Refusal' 8.12.1998 - There is presumption of service of notice when notice is received back with an endorsement of refusal - Second notice issued on the basis of which complaint filed - Held, cause of action arises once only - Complaint not filed within time on the basis..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Quashing of complaint - Allegations made in complaint, if taken on their face value and as true in their entirety, prima facie constitute commission of an offence u/s 138 of the Act - Accused taking plea that cheque in question is a forged document and was never issued by him - Held, plea of defense of..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonor of cheque - Expert opinion- Accused denied his hand-writing and signatures on cheque allegedly issued in course of business dealing - Complainant made no efforts to refer cheques to hand-writing expert - However, accused prepared to give his specimen signatures and hand-writing for..........