Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Managing Director or a Director - It has to be determined if conditions in S.141 of the Act have been fulfilled i.e. whether the individual was in-charge of and responsible for the affairs of the company during the commission of the offence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint for non-prosecution - As per complainant, amount involved in the case is huge and complainant has good case on merits - Complainant submits that if complaint is not restored, complainant will be put to immense hardship and the same will lead to miscarriage of justice - Order of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount of compensation stands received by complainant - Complainant has no objection in compounding the offence - Conviction and sentence set aside - However, since complainant was unnecessarily dragged to institute legal proceedings against accused that too for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - There is nothing on record as to how complainant was having the balance of this amount - Even, there is nothing on record regarding books of accounts - Courts below rightly acquitted accused from the charge u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Is rebuttable presumption and onus is on accused to raise probable defence - Standard of proof for rebutting presumption is that of preponderance of probabilities - In instant case, accused has succeeded in rebutting presumption, showing preponderance of probability..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Accused has taken specific defence that signature found on the cheque does not belong to her and she has not at all received sum of Rs.7 lakhs from complainant - Even, cheque was dishonoured for the reason that `drawers signature..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application filed u/s 311 Cr.P.C. on behalf of complainant seeking his recall and re-examination has been dismissed - In present case, complainant who seeks to re-examine himself to bring on record documents which were admitted by him during..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Examination of handwriting expert - Dishonour of cheque - If the handwriting expert gives his opinion beyond the scope, said evidence cannot be shut out in case it pertains to relevant aspect of matter particularly as regards the signature of accused - Application rightly allowed...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Petitioner no.2 and another accused being authorized signatories to cheque in question, are liable for prosecution for dishonour of cheques - They got covered u/s 141(2) of the Act - Proceedings cannot be..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - Conviction - There is 3 months gap as to dates of cheque and to the date of presentation and the dates of events are inexplainable by complainant - Thus, accused established a probable defence and presumption u/ss 118, 139 of the Act stand rebutted - In absence of any other..........
