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AIR 2006 (NOC) 546 (KAR) ::2006 CRI. L. J. 1586
Karnataka High Court
Hon'ble Judge(s): V. Jagannathan , J

(A) Negotiable Instruments Act (26 of 1881) , S.138— Cheque dishonour complaint - Issuance of notice to accused within 15 days from date of dishonour of cheque - Acknowledgments of postal dept. - Sufficient to prove service of notice. (Para 11) (B) Negotiable Instruments Act (26 of 1881) , S.138— Contract Act (9 of 1872) , S.226, S.227— Dishonour of cheques - Cheques signed and issued by authorised signatory on behalf of accused - Accused cannot escape liability from offence - Accused acting as Principal is liable for act of his agent/signatory. (Para 12) (C) Negotiable Instruments Act (26 of 1881) , S.138— Criminal P.C. (2 of 1974) , S.482— Cheque dishonour complaint - Complainant produced number of documents which go to establish that accused had been informed of amounts spent by complainant on behalf of accused - Allegations made in complaint disclose commission of cognizable offence - Complaint not liable to be quashed - Burden is on accused to establish that cheques issued by his authorised signatory were not towards discharge of any debt or other liability - Detailed analysis of correspondence is not required to be done while exercising powers under S. 482 of Criminal P. C. ....

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