Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Held, wherever a cheque is given purely as a security its dishonour would not make drawer of cheque criminally liable for an offence u/s.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cognizance of offence - Legality - Cheques issued by borrower in Factoring Agreement got dishonoured - Prima facie, same were towards petitioners' liability which was co-extensive with debtor - At this stage, it cannot be said that cheques issued by petitioners were only towards security - Held,..........
Evidence Act, 1872, Section 138 -- Impeaching creditability of a witness - If a party wishes to raise any doubt as regards the correctness of the statement of a witness, the said witness must be given an opportunity to explain his statement by drawing his attention to that part of it, which has been objected to by the other party, as being untrue - Without this, it is not..........
Evidence Act, 1872, Section 138 -- Cross examination - Nil, Opportunity given - Counsel of accused was not present in Court at that time - Statement was recorded in the absence of defence counsel - Under these circumstances it was mandatory duty of Court either to adjourn the case for cross examination or ought to have appointed some counsel as amicus curiae to cross..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by firm - Quashing of proceedings - Cheque issued on behalf of firm got dishonoured - Cheque in question signed by one Mr.'C' - Petitioner No.1 neither signed cheque nor is proprietor of firm - Held, petitioner No.1 cannot be held liable for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheque presented at place `A' and information of dishonour received at place `A' - Held, Court at place `A' has jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Accused sentenced with two years simple imprisonment with compensation of Rs.1.10 lacs and the same maintained by Appellate Court - At the time of suspension of sentence accused deposited a sum of Rs.55 thousand and the same was withdrawn by the complainant and the remaining amount of Rs.55..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Finding recorded by trial Court and confirmed by Appellate Court - Finding needs no interference in revision...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit - Accused cannot file an affidavit in lieu of chief examination - It is necessary for him to enter the witness box even for chief examination - It is the complainant and the witnesses who could file an affidavit in lieu of chief examination and not the accused...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by co-operative credit society - Accused issued cheque in question in capacity of Chairman of society - Resignation of accused from post of Chairman subsequent to issuance of cheques - Held, such resignation would not dilute his primary liability to answer as drawer of cheque - Mere public..........
