Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of Directors of Company or other officials of company - No sufficient averments made in the complaint to the effect that they were in-charge of and responsible for the conduct of the business of the company at the relevant time - Complaint against them quashed...........
Criminal Procedure Code, 1973, Section 389, Negotiable Instruments Act, 1881, Section 138 -- Suspension of sentence during pendency of appeal - Conviction u/s 138 Negotiable Instruments Act and accused was ordered to pay compensation - Sentence suspended on condition of deposit of 50% of fine and a bond with surety of Rs.20, 000/- to ensure appearance before appellate..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured as signatures of drawer differed from the specimen signatures and insufficient funds - A person cannot be prosecuted under the provisions of the Act when cheque is returned for difference of signatures though cheque was also returned on one more ground of insufficient funds -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Complainant sought production of a document after statement of accused was recorded u/s 313 Cr.P.C. and before recording defence evidence - Application dismissed even without calling reply on the ground that document sought to be produced..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Sought at the fag end of trial - Mistake of cheque number - Allowed to be corrected - Amendment allowed - Held, no illegality...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Typographical mistake - Allowed - No illegality...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Complaint filed on allegations that accused No.1 company owed amount to complainant - However, when tested on avail of cross-examination, complainant stated that legal liability towards cheque was that of accused No.2 and 3 Directors - Xerox copy of Bank Passbook adduced by complainant to substantiate..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting expert - Blanks in the cheque not filled by accused - Huge amount of Rs.6.40 lacs involved - No explanation for giving such huge amount in cash which is against the provisions of Income Tax Act - Trial Court directed to allow the complainant to adduce further evidence that she was possessing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Six instruments issued in the nature of cheques for repayment of loan - Instruments were drawn of Urban Co-operative Credit Society which was doing banking business - Held, Co-operative Society doing banking business will be governed by the provision of S.5(b) of Banking Regulation Act - It would be a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused stated that he was owing a sum of Rs.49, 000/- but complainant misused cheque and filled in cheque of Rs.80, 000/- - Held, since complainant is holder of cheque duly signed by accused and accused admitted that there were commercial relations between parties, therefore presumption has to be drawn..........
