Some Important Judgement on Dishonour of Cheque

🎓🎓 Dishonour of cheque _ Application filed for sending the disputed cheque to the forensic laboratory for determination of the age of ink of handwriting and also the signature _ Only stating that the disputed cheque was a forged one was not enough _ Some specific stand was required to be taken by the petitioner _ No such foundation has been laid by the petitioner _ Application was rightly rejected. (See 2015 (7) LJSOFT (NAG) 85)

Dishonour of cheque _ Authority to file complaint _ Complaint was signed by the then Branch Manager of Appellant-Bank and a Power of Attorney was also produced _ Subsequently on account of his transfer the Bank examined his successor who also had similar Power of Attorney in his favour _ Power of Attorney in favour of erstwhile manager was exhibited when the verification was recorded _ Fact that the said Power of Attorney was not again exhibited during the course of evidence would not be material _ Impugned judgment set aside and the complaint case is restored (See 2015 (7) LJSOFT (GOA) 38)

Dishonour of cheque _ Liability of company _ Personal cheque issued by Managing Director on his personal account _ Person, who draws a cheque on an account maintained by him, for paying the payee, alone attracts liability _ Company and its Directors cannot be made liable u/s 138 _ No necessity of joining the company as an accused or to prove that the respondent was incharge of the affairs of the company _ Respondent is liable u/s 138. (See 2015 (7) LJSOFT (SC) 2)

Dishonour of cheque _ Petitioner is the husband of respondent no.2-accused and is not a party to the litigation _ Bank manager summoned to produce the bank account of the petitioner _ Calling of bank accounts of the strangers not desirable and are not necessary. (See 2015 (7) LJSOFT (GOA) 13)