Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Evidence is not required to be pleaded but there has to be a basic averment as to how one is involved in the alleged crime...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Mere fact that proceedings have been quashed against the accused will not prevent the Court from exercising its discretion if it is fully satisfied that a case for taking cognizance against him has been made out in the additional evidence led before it...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Signatures admitted - Held, once signatures in the impugned cheques were admitted then there is presumption u/s 139 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Accused directed to pay double the amount of cheque instead of payment of cheque amount as ordered by Courts below and in case of default to undergo simple imprisonment for six months...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Sought on ground that complaint not filed within time on the basis of first notice - Issue as to whether the first notice was served or sought to be served by the postman on the accused has to be decided on the basis of evidence and postman concerned has to step in the witness..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Affidavit in support of complaint filed - Summoning order on the basis of affidavit can be passed - Examination of complainant u/s 200 Cr.P.C. and examination of witnesses in support thereof u/s 202 Cr.P.C. can even be dispensed with...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Chairman & Directors - Summoning order - Case of complainant that all accused were in charge and responsible for the conduct of the business of the company - Held, all accused are liable under the Act - Revision against order summoning accused, dismissed...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Lady Directors - Plea that they do not play active role in the company - Company deals in beauty and skin care products - Such products invariably used by ladies - It is difficult to accept the contention that lady Directors having nothing to do with the business and affairs of the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Signatures alleged to be forged - Application for production of bills and challans by complainant - Dismissal of application - Order not proper - However, order not interfered with in revision as accused participated in trial and cross examined all witnesses -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance - Dismissal of application - Reasons not assigned - Court while passing an order is required to assign reasons for the conclusions arrived at - Impugned order set aside - Court to decide application afresh...........
