Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption that cheque was issued in discharge of debt - Rebuttal - This onus can only be discharged who issues cheque if he proves to the contrary - Such a proof cannot be accepted in proceedings under Art.226 of the Constitution...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in discharge of debt - Cheque issued not the result of fraud - Complaint disclosing prima facie case - Fraud is a question of fact - It has to be proved before the consequences follow...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint for default - For one singular default in appearance on the part of the complainant it is not proper to dismiss the complaint - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued to Company - Complaint against Company and its Directors and/or other officials - Separate notice is not required to be issued to Directors of Company or other officials of the company who are proposed to be prosecuted...........
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...........
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..........
