https://www.taxtmi.com/caselaws?id=423526 A complaint under Section 138 of the Negotiable Instruments Act was treated as maintainable when filed by a company's branch manager on implied authority, since no separate written authorisation was required at institution. Territorial jurisdiction was found where the cheque was presented for encashment at the payee bank, and an arbitration clause in the underlying agreement did not bar a criminal prosecution under Section 138. The cheque, loan agreement, dishonour for account closure, statutory notice, and timeline compliance established the ingredients of the offence; once execution and signature were admitted, the presumptions under Sections 118(a) and 139 operated, and the drawer failed to rebut them. en-us Tue, 19 Apr 2022 00:00:00 +0530 Thu, 09 Jun 2022 10:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=423526 A complaint under Section 138 of the Negotiable Instruments Act was treated as maintainable when filed by a company's branch manager on implied authority, since no separate written authorisation was required at institution. Territorial jurisdiction was found where the cheque was presented for encashment at the payee bank, and an arbitration clause in the underlying agreement did not bar a criminal prosecution under Section 138. The cheque, loan agreement, dishonour for account closure, statutory notice, and timeline compliance established the ingredients of the offence; once execution and signature were admitted, the presumptions under Sections 118(a) and 139 operated, and the drawer failed to rebut them. Case-Laws Indian Laws Tue, 19 Apr 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=423526