Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Merely to say that a director is responsible and liable for the acts of the company is not sufficient in absence of specific allegation in regard to the part played by him in the transaction in question...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards discharge of loan liability - However, in the verification statement word `security' was used - Held, statement of complainant should be read as whole - Merely because the word `security' has been used , would not mean that cheques were not issued in discharge of debt or liability..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant produced all the material documents like cheque, intimation of bank with endorsement `insufficient funds', copy of notice, postal receipt, postal acknowledgement, etc. - Complainant gave certain dates in the complaint - Held, merely because complainant did not remember the dates which were..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Accused living in Sharjah - Accused contended that before issuing process, Magistrate should himself enquire into the case or direct investigation to be made by a police officer for the purpose of deciding whether or not there is sufficient evidence for..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Simultaneous proceedings can be initiated u/s 138 of NI Act as well as u/s 420 IPC...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint to change cheque number - Cannot be allowed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Additional accused - Name of proprietor of firm not known - Complaint filed against son of proprietor - Proprietor sought to be arrayed as accused - Complaint against respondent No. 2 can be said to have filed on the date of which application under Section 319..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Additional accused - Name of proprietor of firm not known - Complaint filed against son of proprietor - Proprietor sought to be arrayed as accused - Even if initially complainant was not aware about the real proprietor, he could move the application under..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan against hire purchase agreement - Hire purchase agreement and statement of account relating to hire purchase transaction not produced on record - In absence of documentary proof it cannot be said that accused ever entered into hire purchase agreement with the complainant - Acquittal upheld...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act raises a presumption in regard to existence of a debt - Existence of legally recoverable debt is not a matter of presumption u/s 139 of the Act...........
