Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been settled between parties - Applicant has paid amount of cheque i.e. Rs.73, 000/- to respondent No.2 - Held, Offence u/s.138 stands compounded by invoking provisions of S.147 of the N.I. Act - Conviction and sentence set aside - Accused acquitted subject to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If the cheque is given towards any liability or debt which might have been incurred even by someone else, the person who is a drawer of the cheque can be made liable u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued to discharge liability of another person - A person who issued the cheque can only be prosecuted - Such other person cannot be prosecuted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheque presented at `Delhi' and dishonoured - Notice issued from `Delhi' - Entire cause of action relating to alleged offence arose within territorial jurisdiction of Court at `Ludhiana' - Held, Court at `Delhi' has no jurisdiction when all the acts constituting ingredients of offence..........
Negotiable Instruments Act, 1881, Section 138,141 -- Dishonour of cheque - Company - Prosecution of Director - It is not sufficient to make a bald cursory statement in a complaint that a Director is incharge of and responsible to the company for the conduct of the business of the company - Complaint should spell out as to how and in what manner the Director was incharge..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by firm - Cognizance - Challenge thereto - A definite allegation is made against petitioner regarding issuance of cheque on behalf of firm - Contention of petitioner regarding signatures and also retirement from the partnership firm at the time of issuance of cheque - Held, contention is to..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Opinion of handwriting expert - Application for - Petitioner is admitting signatures on cheque as his own - Dispute sought to be raised is with regard to handwriting pertaining to other contents only - Trial court rejected application on count that on acceptance of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Appeal - Appellant filed application u/s.340 r/w S.195(1)(b) Cr.P.C. during pendency of appeal - Appellate Court passed discretionary order that application will be decided along with main appeal itself - Validity - Held, there is no jurisdictional error in impugned order - Rights of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 - Held, presumption mandated by S.139 of the Act does indeed include the existence of a legally enforceable debt or liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 - Rebuttal of - Standard of proof - Held, presumption mandated by S.139 of the Act does indeed include the existence of a legally enforceable debt or liability - When an accused has to rebut presumption u/s 139, the standard of proof for doing so is that of `preponderance of..........
