akr SA vs IND: Varun Chakravarthy eyes Ravichandran Ashwin's all-time India record in T20Is By www.dnaindia.com Published On :: Wed, 13 Nov 2024 13:29:00 GMT Varun has claimed a total of eight wickets in the series at an impressive economy rate of 5.25 runs per over. Full Article Sports Cricket
akr Rosyjska Służba Wywiadu Zagranicznego (SVR) wykorzystuje podatność w oprogramowaniu TeamCity do szeroko zakrojonych działań. By cert.pl Published On :: Wed, 13 Dec 2023 18:00:00 +0200 Zespół CERT Polska oraz Służba Kontrwywiadu Wojskowego wraz z zagranicznymi partnerami wykryły, że Rosyjska Służba Wywiadu Zagranicznego (SVR) wykorzystuje podatność CVE-2023-42793 (w JetBrains TeamCity) do szeroko zakrojonych działań, skierowanych przeciwko podmiotom wytwarzającym oprogramowanie. Full Article News ostrzeżenie podatność apt29
akr Cyberbezpieczeństwo ponad granicami: Projekt FETTA czyli pogłębienie współpracy w zakresie rozpoznania zagrożeń cyberprzestrzeni EU By cert.pl Published On :: Wed, 31 Jan 2024 18:20:00 +0100 Jednym z kluczowych wyzwań związanych z europejskim cyberbezpieczeństwem jest zależność od danych pochodzących z krajów spoza UE. Projekt FETTA (Federated European Team for Threat Analysis, pol. Europejski Zespół Analizy Zagrożeń) ma na celu rozwiązanie tego problemu poprzez utworzenie międzynarodowego zespołu opracowującego produkty i narzędzia z zakresu Cyber Threat Intelligence (CTI). Full Article News FETTA
akr 'People think I practice witchcraft', says Rhea Chakraborty By tribune.com.pk Published On :: Tue, 23 Jul 24 14:12:15 +0500 Following Sushant Singh Rajput's suicide, Rhea Chakraborty was arrested on charges of procuring drugs for the actor Full Article Life & Style
akr Salaf? Im?m Ab? Bakr al-?jurr? (360H) on the Kh?rijite Renegades By www.salaf.com Published On :: Wed, 05 Oct 2016 14:24:36 GMT Full Article
akr Jihad A Sakr has been Inducted into the Prestigious Marquis Who's Who Biographical Registry By www.24-7pressrelease.com Published On :: Mon, 18 Dec 2023 08:00:00 GMT Jihad A Sakr is recognized for his expertise as the clinic director of chiropractic for Injury Chiropractic Full Article
akr Marquis Who's Who Honors Vasanthan Ramakrishnan, MS, D. Hon (Honoris Causa in Humanities) for his work across High-Skilled Immigration & Advocacy By www.24-7pressrelease.com Published On :: Fri, 18 Oct 2024 08:00:00 GMT Vasanthan Ramakrishnan, MS, D. Hon (Honoris Causa in Humanities) is lauded for his work as a partner at Ascend and an immigration expert at topmate.io Full Article
akr Australia's Best-Kept Secret: How Pakronics and Ozobots Are Making Kids Fall in Love with Coding! By www.24-7pressrelease.com Published On :: Tue, 03 Sep 2024 08:00:00 GMT Pakronics, in collaboration with Ozobot, is transforming coding education in Australia by making it fun and accessible for kids. Full Article
akr Metsä Board Partners with Kouvolan Lakritsi to Develop Reclosable Licorice Mug By www.packagingstrategies.com Published On :: Thu, 26 Sep 2024 12:29:26 -0400 Inspired by paperboard cups, Metsä Board’s packaging design team developed the new paperboard mug with a heat-sealed transparent plastic film that keeps the licorice fresh. Full Article
akr LAKRIDS BY BÜLOW uses PulPac's Dry Molded Fiber for Licorice Advent Calendar By www.packagingstrategies.com Published On :: Mon, 30 Sep 2024 15:42:47 -0400 First announced in May, the project progressed at a remarkable speed, demonstrating the versatility and efficiency of PulPac’s Dry Molded Fiber technology, which brings to life bespoke, deep-drawn designs with a premium feel. Full Article
akr ACTEGA, Makro Labelling Team Up to Support Market Adoption of Signite Technology By www.packagingstrategies.com Published On :: Wed, 31 May 2023 00:00:00 -0400 Signite® is a sustainable decoration technology which has been widely recognized by brand owners and the labelling industry as one of the most potentially transformative and progressive technologies to be developed in recent years. Full Article
akr Balancing Our Chakra System For Emotional And Spiritual Healing with Anodea Judith, Ph.D. By kkfi.org Published On :: Mon, 11 Nov 2024 19:21:31 +0000 Energy is at the core of everything. It’s the currency of existence. Anodea Judith substitutes the word “charge” for energy. It’s easy to relate to the idea of being charged […] The post Balancing Our Chakra System For Emotional And Spiritual Healing with Anodea Judith, Ph.D. appeared first on KKFI. Full Article
akr Masakr v My Lai, obchod s otroky a vražedné pesticidy aneb Reportáže, které změnily svět By www.reflex.cz Published On :: Tue, 12 Nov 2024 14:00:00 +0100 Před 55 lety zveřejnila nezávislá tisková agentura Dispatch News Service reportáž o vyšetřování incidentu v jihovietnamském městě My Lai. Díky práci reportéra Seymoura Hershe se celý svět dozvěděl o zločinu jednotek US Army, které pod vedením poručíka Williama L. Calleyho zavraždily během průzkumné akce stovky civilních obyvatel. Reportáž znamenala obrat ve vedení vietnamské války, v jejím vnímání americkou i světovou veřejností. Hersh se tak zařadil mezi elitní novináře, jejichž práce změnila světové dějiny. Full Article
akr Mithun Chakraborty's Wallet Not Stolen, Has Been Found: BJP By www.ndtv.com Published On :: Wed, 13 Nov 2024 09:54:25 +0530 The BJP on Tuesday rejected the assertion that actor-turned-politician Mithun Chakraborty's purse was stolen during a rally in Jharkhand's Dhanbad, claiming that it was misplaced and later found. Full Article
akr Mithun Chakraborty's Wallet Not Stolen, Has Been Found: BJP By www.ndtv.com Published On :: Wed, 13 Nov 2024 09:54:44 +0530 The BJP on Tuesday rejected the assertion that actor-turned-politician Mithun Chakraborty's purse was stolen during a rally in Jharkhand's Dhanbad, claiming that it was misplaced and later found. Full Article
akr Life at Godrej Prakriti By blogs.siliconindia.com Published On :: Established in 1990, Godrej Properties have been spearheading the innovative and futuristic drive of construction in the real estate... Full Article
akr Nandini Chakravarty vs State Of West Bengal on 12 November, 2024 By indiankanoon.org Published On :: 1. Heard Mr. Supriyo Dutta, representing the Applicant is present in person. 2. This Original Application has been registered on the basis of a letter petition submitted in the office of the Tribunal through email dated 18.07.2024 alleging that industrial factories and workshops around the village of the Applicant at Purbannapara located at Makardah Mouza under Domjur Block, District, Howrah has been causing severe environmental problems to the lives of the local people due to obnoxious gaseous effluents. 3. It is also alleged that the Saraswati Canal has been blocked due to it being used for dumping of waste water and other industrial waste material3 by several industries present in the area that continue unregulated dumping of the industrial wastes also resulting in deterioration of the environment in the locale. Full Article
akr M/S.Sree Gokulam Chit & Finance Co.(P) vs P.R.Balakrishnan on 8 November, 2024 By indiankanoon.org Published On :: 1 .R.BALAKRISHNAN, S/O.P.N.RAMAKRISHNAN RAO P PARTNER, M/S.WOODLANDS JEWELLERS, WOODLAND JUNCTION, M.G.ROAD, ERNAKULAM,, KOCHI-16. 2 /S.WOODLANDS JEWELLERS, M KOCHI-16. 3 TATE OF KERALA, REPRESENTED BY S THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 1 & R2 BY ADVS. R SRI.JOHN BRITTO SRI.C.A.RAJEEV R3 BY PUBLIC PROSECUTOR SMT.SEENA C. THIS CRIMINAL APPEALHAVING BEEN FINALLY HEARD ON 30.10.2024, THE COURT ON 08.11.2024 DELIVERED THE FOLLOWING: CRL.A NO. 1029 OF 2008 2 2024:KER:82742 "CR" J U D G M E N T The complainant in CC No.238 of 2002 on the file of Additional Chief Judicial Magistrate, Ernakulam, filed this appeal challenging acquittal of the accused, under Section 138 of the Negotiable Instruments Act (hereinafter referred as 'the NI Act'), as per judgment dated 31.05.2007. 2. The complainant, M/s.Sree Gokulam Chit & Finance Company,isaPrivateLimitedcompanyhavingitsregistered office at Chennai and a branch office at MG Road, Ernakulam. The complainant is represented by its power of attorney holder, who is the Assistant Manager of that company.Heisempoweredtoinstitutethecomplaintandto give evidence. The 2nd accused is M/s.Woodlands Jewellers and the1staccusedisitspartner.Rs.2,13,000/-wasdueto the complainant, from the accused, towards future instalments of kuri transactions, whichthe2ndaccusedhad subscribed with the complainant-company. Towards dischargeofthatdebt,the1staccusedissuedExt.P2cheque dated 14.12.2001, assuring that, it would be encashed on CRL.A NO. 1029 OF 2008 3 2024:KER:82742 presentation before the Bank. The complainant presented that cheque for collection but it was dishonoured for the reason, 'A/c transferred to suit file. No Balance.', as per Ext.P3 memo. Complainant sent Ext.P5 registered lawyer notice to the accused, and inspiteofreceiptofnotice,they did not repay that amount, though a reply was sent with untenable contentions. Hence the complaint. 3. After taking cognizance and on appearance of the accused before the trial court, particulars of offence were read over and explained, to which, they pleaded not guilty andclaimedtobetried.Thereupon,PW1wasexaminedand Exts.P1toP10andP10(a)weremarkedfromthesideofthe complainant. On closure of complainant's evidence, the accused were questioned under Section 313 of Cr.P.C. They denied all the incriminating circumstances brought out in evidence and according to them, they subscribed chitty conducted by the complainant, which was terminated on 12.11.1998. They paid the entire amount due, and thereafter their passbook was closed. Ext.P2 cheque was CRL.A NO. 1029 OF 2008 4 2024:KER:82742 given by the accused, as a blank one, only as a security, when he bid the chitty. After closing the chitty,theaccused demanded back the blank cheque given as security, but it was not returned, saying that it was kept intheheadoffice at Madras. No defence evidence was adduced. 4.Onanalysingthefactsandevidence,andonhearing the rival contentions from either side, the trial court acquitted the accused, finding that the complaint was not properly instituted, as PW1-Assistant Manager was not properly authorised to filethecomplaintortogiveevidence on behalf of the company. Moreover, the complainant failed to prove that, Ext.P2 cheque was issued towards discharge of a legally enforceable debt. Aggrieved by the acquittal of the accused, the complainant has preferred this appeal. 5. Heard learned counsel for theappellantandlearned counsel for the respondents. 6. Learned counsel for the appellant would contend that, since the complainant is a Private Limited company, which is an incorporeal body, only an employee or CRL.A NO. 1029 OF 2008 5 2024:KER:82742 representativeofthecompanycanpreferthecomplaint.The company becomes a de jure complainant and its employee or other representative representing the company in the criminalproceedingsbecomesthedefactocomplainant.Ina complaint, with regard to dishonour of a cheque issued in favour of a company, for the purpose of Section 142 of the NI Act, the company will be the complainant, and for the purpose of Section 200 of the Criminal Procedure Code, its employee,whorepresentsthecompany,willbethedefacto complainant. A company can be represented by an employee, or even by a non-employee authorised and empowered, to represent the company by a resolution or a power of attorney. 7. According to the appellant, Ext.P8 extract of the resolution empowered PW1-Sri.A.T.K.Ajayan, who was the Assistant Manager ofthecompany,tofilethecomplaintand to give evidence. Ext.P8 is the extract from the minutes,of the proceedings of the Board of Directors meeting, held on 14.09.2000, at its corporate office at Chennai, which CRL.A NO. 1029 OF 2008 6 2024:KER:82742 authorisedtheAssistantManagerSri.A.T.K.Ajayan,todothe following acts: '( 1) Toinstitute,commence,prosecute,carryonor defend any suit or legal proceeding, (2)Tosignandverifyallplaints,writtenstatements and other pleadings, applications, affidavits, petitions or documents and produce them before any Court, (3) To appoint, engage and instruct any solicitor, Advocate or Advocates to act and plead and other wise conduct the case on behalf of the Company and to sign any Vakalathnama or other authority in this regard, (4) To give evidence on behalf of the Company in any Court of law, and (5) To do all other lawful acts,deedsandthingsin connectionwithfilingofanysuitandconducting anylegalproceedingsinanycourtoflawandto withdraw the case on behalf of the Company.' CRL.A NO. 1029 OF 2008 7 2024:KER:82742 8. Learned counsel for respondents 1 and 2 would contendthat,Ext.P8extractoftheminutesisnotadmissible in evidence and the minutes has to beprovedbyproducing theoriginal.HewouldrelyonadecisionoftheHighCourtof Judicature at Bombay in Ashish C. Shah v. M/s. Sheth DevelopersPvt.Ltd.&Othersreportedin[CDJ2011BHC 339:2011 KHC 6506], to say that, Section 194 of the Companies Act provides that, the minutes of meetings kept in accordance with the provisions of Section 193, shall be evidence of the proceedings recorded therein. No provision intheCompaniesActwasbroughttothenoticeofthatcourt which provides that, certifiedcopyorextractoftheminutes would be admissible in evidence, without proof of the original. Section 65(f) of the Evidence Act provides that, secondary evidence may be given, of the existence, conditionandcontentsofthedocument,whentheoriginalis the document, of which a certified copy is permitted bythe Evidence Act or by any other law in force in India, to be given in evidence. He would rely on another decisionofthe CRL.A NO. 1029 OF 2008 8 2024:KER:82742 Delhi High Court in Escorts Ltd. v.SaiAutosandOthers [1991 Company Cases Volume 72 Page 483] to say that, copy of resolution was not enough and the original of the minutes book, containing the resolution reliedon,hastobe brought to the court. 9. Section 119 of the Companies Act, 2013 which correspondstoSection196oftheCompaniesAct,1956says that,thebookscontainingtheminutesoftheproceedingsof any generalmeetingofacompanyorofaresolutionpassed by postal ballot shall be kept at the registered office of the company,anditshallbeopenforinspectionbyanymember during business hours and if any member make a request, for a copy of the minutes,itshallbefurnishedwithinseven days, onpaymentofprescribedfees.So,Section119ofthe Companies Act provides for copy of the minutes, and moreover, learned counsel for the appellant would saythat, copy of every resolution shall be sent to the Registrar for recording the same within 30 days of passing the same. Moreover, as per Section 54 of the Companies Act, 1956, a CRL.A NO. 1029 OF 2008 9 2024:KER:82742 document which requires authentication by a company may be signed by adirector,themanager,thesecretaryorother authorisedofficerofthecompany,andneednotbeunderits common seal. So, accordingtotheappellant,Ext.P8extract oftheminutes,whichcontainstheresolutionauthorisingthe Assistant Manager to file criminal or civil cases or to give evidenceetc.,signedbythedirectorofSreeGokulamChit& Finance Co.(P)Ltd.,wassufficientauthorityforPW1,tofile the complaint and to give evidence, on behalf of the company. 10. Learned counsel for the respondents would point outthat,Ext.P8wasnotproducedalongwiththecomplaint, and it was produced subsequently after questioning the accusedunderSection313ofCr.P.C.Relyingonthedecision M. M. T. C. Ltd. v. Medchil Chemicals And Pharma (P) Ltd. [2002 KHC 241], learned counsel for the appellant contended that, even if there was no authority initially, still thecompanycanrectifythatdefect,atanystage.Inpara12 of that judgment, we read thus: CRL.A NO. 1029 OF 2008 10 2024:KER:82742 "It has been held that if a complaint is madeinthe name of an incorporeal person (like a company or corporation) it is necessary that a natural person representssuchjuristicpersoninthecourt.Itisheld that the court looks upon the natural person to be the complainant for all practical purposes. It is held that when the complainant is a body corporate it is the de jure complainant, and it must necessarily associate a human being as defactocomplainantto represent the former in court proceedings. It has further been held thatnoMagistrateshallinsistthat theparticularperson,whosestatementwastakenon oath at the first instance, alone can continue to represent the company till the end of the proceedings. It has been held that there may be occasions when different persons can represent the company. It has been held that it is open to the de jure complainant companytoseekpermissionofthe court for sending any other person to represent the company in the court. Thus, even presuming, that initially there was no authority, still the company can, at any stage, rectify that defect. At a subsequent stage the company can send a person who is competent to represent the company. The complaintscouldthusnothavebeenquashedonthis ground." 11. In the decision, Bhupesh Rathod v. Dayashankar Prasad Chaurasia and Another[2 021 (6) CRL.A NO. 1029 OF 2008 11 2024:KER:82742 KHC 368], Hon'ble Apex Court held that, even if there was no authority initially, the company can at any stage rectify that defect by sending a competent person. In that case, copy of the board resolution was filed along with the complaint. An affidavit was brought on record by the company, affirming the factum of authorisation in favour of the Managing Director. Hon'ble Apex Court accepted the copy of board resolution, to find thattheManagingDirector was authorised to file complaint in the Court and to attend all such affairs which maybeneededintheprocessoflegal actions. Paragraphs 23 and 24 of that judgment read thus: "2 3. It is also relevant to note that a copy of the Board Resolutionwasfiledalongwiththecomplaint.Anaffidavit had been brought on record in the Trial Court by the Company, affirming to the factum of authorisation in favouroftheManagingDirector.AManageroraManaging Directorordinarilybytheverynomenclaturecanbetaken tobethepersonin-chargeoftheaffairsCompanyforits day - to - daymanagementandwithintheactivitywould certainlybecallingtheactofapproachingtheCourteither under civil law or criminal law for setting the trial in motion (Credential Finance Ltd. v. State of Maharashtra, 1998(3)MahL J805).Itwouldbetootechnicalaviewto take to defeat the complaint merely because the bodyof CRL.A NO. 1029 OF 2008 12 2024:KER:82742 the complaint does not elaborate upon the authorisation. The artificial person being the Company had to act through a person / official, which logically would include the Chairman or ManagingDirector.Onlytheexistenceof authorisation could be verified. 24.Whileweturntotheauthorisationinthepresentcase, itwasacopyand,thus,doesnothavetobesignedbythe BoardMembers,asthatwouldformapartoftheminutes of the Board meeting and not a true copy of the authorisation. We also feel that it has been wrongly concludedthattheManagingDirectorwasnotauthorised. If we peruse the authorisation in the form of a certified copyoftheResolution,itstatesthatlegalactionhastobe taken against the respondent for dishonour of cheques issued by him to discharge his liabilitiestotheCompany. To this effect, Mr. Bhupesh Rathod / Sashikant Ganekar were authorised to appoint advocates, issue notices through advocate, file complaint, verifications on oath, appointConstituentattorneytofilecomplaintintheCourt and attend all such affairs which may be needed in the process of legal actions. What more could be said?" 12. Obviously Hon'bleApexCourtacceptedcopyofthe resolutiontofindthefactumofauthorisationinfavourofthe Managing Director. 13.Inthecaseonhand,PW1-AssistantManagerofthe complainant-companyfiledthecomplaintandgaveevidence CRL.A NO. 1029 OF 2008 13 2024:KER:82742 on behalf of the company. Ext.P8 extract of the minutes shows that, the board of directors authorised him to do so. Thefactthatonlyextractoftheminutesbookwasproduced, without producing the original, or that Ext.P8 wasproduced at a belated stage, etc., will not take away that right from him. So, he could have filed the complaint and given evidence also on behalf of the company, on the strength of the resolution by the boardofdirectors,anextractofwhich was produced as Ext.P8. 14.Learnedcounselfortherespondentswouldcontend that, Ext.P9 power of attorney was not executed or authenticated by theNotaryPublicandso,itcouldnothave been accepted to draw power for PW1, tofilethecomplaint or to give evidence. According to him, the two ingredients contained in Section 85 of the Evidence Act viz. execution before the Notary Public and the authentication by the Notary Public are very essential. The words 'executed before', and 'authenticated by', are the two conditionstobe satisfied in order to attract the presumption under Section CRL.A NO. 1029 OF 2008 14 2024:KER:82742 85 of the Evidence Act.HewouldrelyonthedecisionBank of India v. M/s. Allibhoy Mohammed and Others reported in [AIR 2008 BOMBAY 81], to support his argument.Inparagraph 18 of that judgment, we read thus: "18. Let me turn to the Legal Provisions; namely, Section 85 of the Evidence Act which lays down that the Court shall presume due execution and authentication of power of attorney when executed before, and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Counsel or it's Vice Counsel or representative of theCentralGovernment, etc. This presumption is available in favour of the originalPowerofAttorneyholderprovidedmandateof Section 85 is duly followed." 15. In the case on hand, though the original power of attorneyisproducedandmarkedasExt.P9,itdoesnotshow that it was executed by the complainant in presence of the Notary Public, and there is no authentication by the Notary Public, that it was executed before her. So, there is some forceintheargumentputforwardbylearnedcounselforthe respondents, that Ext.P9 power of attorney cannot be accepted,forwantofproperexecutionandauthenticationas CRL.A NO. 1029 OF 2008 15 2024:KER:82742 envisaged under Section 85 of the Evidence Act. 16. Learned counsel for the appellant would submit that,evenifthepowerofattorneyisignored,thenalso,the complaint is filed by an officer of the company and he was authorised as per board resolution dated 14.09.2000, the extract of which was marked as Ext.P8. So, this Court is of the view that, though Ext.P9 power of attorney was not liable to be accepted, being the officer of the company, authorised by board resolution dated 14.09.2000, PW1 was empowered to file the complaint and to give evidence. 17.Learnedcounselfortheappellantwouldsaythat,if the accused was disputing the authority of the complainant tofilethecomplaintortogiveevidence,itwasopenforhim to dispute andestablishthesameduringthecourseoftrial. Hon'ble Apex Court in TRL Krosaki Refractories Ltd. (M/s.) v. M/s. SMS Asia Pvt. Ltd. and Another [2022 (2) KHC 157:2022 (1) KLT OnLine 1043 (SC)] made that position clear, by holding that, when thecomplainant/payee is a company, an authorized employee can represent the CRL.A NO. 1029 OF 2008 16 2024:KER:82742 company. Such averment and prima facie material is sufficient for the learned Magistrate to take cognizance and to issue process. If at all there is any serious dispute with regard to the person prosecuting the complaint not being authorized, or if it is to bedemonstratedthatapersonwho filed the complaint has noknowledgeofthetransactionand assuchthatpersoncouldnothaveinstitutedandprosecuted the complaint, it would be open for the accused to dispute thepositionandestablishthesameduringthecourseofthe trial. 18. Though the respondents were disputing the authority of PW1, vide Ext.P8 extract of the resolution as wellasExt.P9powerofattorney,theydidnottakeanysteps to establish that position, during trial.So,thefindingofthe trialcourt,thatPW1wasnotauthorizedtofilethecomplaint and to give evidence on the basis of Ext.P8 extract of the resolution, is liable to be set aside. 19.Comingtothefactsofthecase,learnedcounselfor theappellantwouldsubmitthat,therespondentssubscribed CRL.A NO. 1029 OF 2008 17 2024:KER:82742 seven kuries of Rs.5,00,000/- each, with the appellant company, andtheyauctionedthatkurion14.02.1997.They defaulted payment of future instalments, and towards discharge of that liability, the 1st respondent issued Ext.P2 cheque dated 14.12.2001 for an amount of Rs.2,13,000/-. When that cheque was presented before Bank, it was returned dishonoured for the reason 'A/c transferred to suit file. No balance.' The respondents are not disputing the signatureinExt.P2chequeortheissuanceofthatchequeto the appellant. All statutory formalities to bring home an offence punishable under Section 138 of the NI Act was complied with. Moreover, the presumptions available under Sections 118 and 139 of the NI Act will come to the aid of the appellant to show that, Ext.P2 cheque was issued towards discharge of a legally enforceable debt. So, according totheappellant,learnedtrialcourtwentwrongin acquitting the accused. 20. The respondents would contend that, when they auctioned the kuri with the appellant, as a security for the CRL.A NO. 1029 OF 2008 18 2024:KER:82742 balance instalments, Ext.P2 cheque was given as a blank signed cheque, and even after they paid the future instalments fully, and closed the kuri, the blank cheque entrustedwiththeappellantwasnotreturned. Onlytosee, whether they could extract some more money from the respondents, they filed a false complaint, misusing that blank cheque. 21.RelyingonthedecisionoftheHon'bleApexCourtin Bir Singh v. Mukesh Kumar[(2019) 4 SCC 197], learned counsel for the appellant would argue that, even a blank cheque leaf, voluntary signed and handed over by the accused, which is towards some payment, would attract presumptionunderSection139oftheNIAct,intheabsence of any cogent evidence to show that the cheque was not issued in discharge of a debt. Paragraphs 33 to 36 of that judgment read thus: "33. A meaningful reading of the provisions of the Negotiable Instruments Act including, in particular, Sections 20, 87 and 139, makes it amply clear that a person who signs a cheque and makes it over to the payeeremainsliableunlessheadducesevidencetorebut CRL.A NO. 1029 OF 2008 19 2024:KER:82742 the presumption that the cheque had been issued for payment of a debt or in discharge of a liability. It is immaterial that the cheque may have been filled in by any person other than the drawer, if the cheque is duly signed by the drawer. If the cheque is otherwise valid, the penal provisions of Section 138 would be attracted. 34.Ifasignedblankchequeisvoluntarilypresentedtoa payee,towardssomepayment,thepayeemayfillupthe amount and other particulars. This in itself would not invalidate the cheque. The onus would still be on the accusedtoprovethatthechequewasnotindischargeof a debt or liability by adducing evidence. 35.Itisnotthecaseoftherespondent-accusedthathe either signed the cheque or parted with it under any threat or coercion. Nor isitthecaseoftherespondent- accused thattheunfilledsignedchequehadbeenstolen. The existence of a fiduciary relationship between the payeeofachequeanditsdrawer,wouldnotdisentitlethe payee to the benefit of the presumption under Section 139oftheNegotiableInstrumentsAct,intheabsenceof evidence of exercise of undue influence or coercion.The second question is also answered in the negative. 36. Even a blank cheque leaf, voluntarily signed and handed over by the accused, which is towards some payment, would attract presumption under Section 139 of the NegotiableInstrumentsAct,intheabsenceofany cogent evidence to showthatthechequewasnotissued in discharge of a debt." CRL.A NO. 1029 OF 2008 20 2024:KER:82742 22. The respondents are not disputing issuance of Ext.P2chequetotheappellant,thoughaccordingtothem,it wasissuedasablanksignedcheque.Theyarenotdisputing the fact that they auctioned the kuri which they subscribed with the appellant and future instalments were to be paid, evenafterauctioningthekuri.Obviously,Ext.P2chequewas issuednotunderanythreatorcoercion,andevenaccording totherespondents,itwasissuedasasecurityforthefuture instalmentstobepaidinthekuri,whichtheyhadauctioned. In Moideen v. Johny [2006 KHC 1055], this Court held that, even if a blank cheque was issued as a security, the person in possession of the blank cheque, can enter the amount of the liability and present it to the bank. When a blank cheque is issued by one to another, it gives an authority on the person, to whom itisissued,tofillitupat the appropriate stage, with the necessaryentitiesregarding the liability, and to present it to the bank. In the event of dishonour of that cheque, the accused cannot be absolved from his liability. CRL.A NO. 1029 OF 2008 21 2024:KER:82742 23.Anothercontentiontakenupbylearnedcounselfor the respondents is that, the appellant did not produce the account books of the chitty to show that Rs.2,13,000/-was due from them. Learned counsel for the appellant would submit that, production of account books etc. may be relevant in a civil court, but as far as a criminalcaseunder Section138oftheNIActisconcerned,thereispresumption in favour of the holder of the cheque, and so the burden is upon the respondentstorebutthatpresumption.Shewould rely on a decision of the Hon'ble Apex CourtinChandelD. K.v.M/s.WockhardtLtd.andAnother[2020KHC6204] which says that production of the account books/cash book may be relevant in a civil court; but may not be so, in the criminal case filed under Section 138 of NI Act, because of the presumption raised in favour of the holder of the cheque. 24. The respondents are not disputing the fact that they had subscribed kuries with the appellant company. Ext.D1 passbook shows that the kuri commenced on 12.11.1996, and it was terminated on 12.11.1998. In the CRL.A NO. 1029 OF 2008 22 2024:KER:82742 first page of that passbook, a 'PAID' seal is found with the date14.02.1997.Accordingtotheappellant,itwasthedate onwhichthatkuriwasauctionedbytherespondents. Inthe 10th page of that passbook,thereisanendorsementinred ink, as 'c losed 14.12.1998'. So according to the respondents, the endorsement 'c losed 14.12.1998' andthe 'PAID' seal on the first pageofthepassbook,willshowthat he had paid the entire amount due under that kuri and so, no amount was due, so as to issue Ext.P2 cheque. 25. Learned counsel for the appellant would contend that,ifthekuriwasclosedon14.12.1998,thepassbookwill show the seal 'c losed', just like the 'PAID' seal in the first page. Since the kuri was auctioned by the respondents, definitely there would have been future instalments, to be paid monthly, till the termination of that kuri. When the respondents are alleging discharge of the entire kuri instalments duetotheappellant,itistheirburden,toprove itwithcogentevidence.Theycouldhaveverywellcalledfor the Registers pertaining to the kuri to show that the entire CRL.A NO. 1029 OF 2008 23 2024:KER:82742 amount has been paid by them. Learned counsel for the appellant would say that, since Ext.D1 passbook was in the custody of the respondents, they themselves might have made the red ink entry 'c losed 14.12.1998'. Since Ext.D1 passbook was with the respondents, the manipulation as alleged by the appellant cannot be ruled out. Learned trial court seems to have been carried away by the 'PAID' seal seen on the first page of Ext.D1 passbook to find that, the entire dues of the kuri was paid off by the respondents. Obviously, that 'PAID' seal was regarding payment by the company, when the kuri was auctioned by the respondents. 26.Learnedcounselfortherespondentswouldcontend that, on receipt of Ext.P5 lawyer notice, they sent Ext.D2 reply notice disowning theliabilityanddisputingissuanceof the cheque. But the appellant produced Ext.P10 notice sent by the respondents on receipt of Ext.P5 notice. In Ext.P10 notice, it was stated that the respondents were facing financial difficulties and they were making every effort to raise funds to settle the account. But, learned counsel for CRL.A NO. 1029 OF 2008 24 2024:KER:82742 the respondents would say that, they never sent Ext.P10 replynoticetotheappellant.ButExt.P10(a)postalcoverwill show that, it was sent by the respondents to Adv.Sri.K.S.Babu, who sent Ext.P5 notice. Ext.D2 notice as well as Ext.P10noticeareonthesamedayi.e.10.01.2002. But Ext.D2 was addressed to the appellant directly. The postalreceiptoracknowledgementcardofExt.D2noticewas not produced by the respondents. Since Ext.P5 notice was sent by an advocate, normally the reply also should have been given to that advocate. Ext.P10 notice along with Ext.P10(a) cover seem to be more reliable. On going through Ext.P10 notice, it could be seen that, the respondents were admitting their liability to certain extent, towards the balance amount due on prized chits. 27.Advertingtotheaforesaidfactsandcircumstances, this Court is of the view that, the trial court went wrong in acquitting the accused. So,theimpugnedjudgmentisliable to be set aside. There is evidence to show that Ext.P2 cheque was issued towards discharge of a legally CRL.A NO. 1029 OF 2008 25 2024:KER:82742 enforceable debt, and that cheque was dishonoured for the reason'A/ctransferredtosuitfile.Nobalance.'Theappellant had complied with all the statutory formalities in order to attract an offence punishable under Section 138 of the NI Act.ThecomplainantwasauthorizedasperExt.P8extractof the resolution, to file the complaint and to give evidence. The respondents failed to rebut the presumptions available in favour of the appellant, under Sections 118 and 139 of the NI Act. So, respondents 1 and 2 are found guiltyunder Section 138 of the NI Act. 28. As per Section 141 of the NI Act, if the person committing an offence under Section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Section 141(2) of the NI Act reads thus: CRL.A NO. 1029 OF 2008 26 2024:KER:82742 "141. Offences by companies. -- (1) xxx xxx xxx (2)Notwithstandinganythingcontainedinsub-section(1), where any offence under thisAct,hasbeencommittedby a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purposes, of this section,-- (a) "company"meansanybodycorporateandincludesa firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm." 29. In the case on hand, the 2nd respondent is a partnership firm and the 1st res Full Article
akr B.Vijaya @ Vijayalakshmi vs R.Balakrishnan on 7 November, 2017 By indiankanoon.org Published On :: R.SAKTHIVEL, J. These Civil Miscellaneous Appeal and Cross Objection are at the instance of the petitioner / appellant and the respondent respectively. In both the cases, challenge is to the Judgment and Decree dated November 7, https://www.mhc.tn.gov.in/judis Page No.2 of 24 CMA NO.3541 OF 2017 & CROSS OBJ. NO.51 OF 2019 2017 passed by the ‘Principal Family Court, Coimbatore’ ['Family Court' for short], in H.M.O.P.No.1445 of 2015. This Common Judgment will govern both of them. Full Article
akr Vakri Budh 2022 Gochar : ಡಿ.31-ಫೆ.7ರವರೆಗೆ ಬುಧನ ವಕ್ರೀಯ ಚಲನೆ: ಈ 37 ದಿನ ದ್ವಾದಶ ರಾಶಿಗಳಲ್ಲಿ ಯಾರಿಗೆ ಶುಭ, ಯಾರು ಜಾಗ್ರತ By kannada.boldsky.com Published On :: Sat, 31 Dec 2022 12:15:13 +0530 ಡಿಸೆಂಬರ್ 28ಕ್ಕೆ ಮಕರ ರಾಶಿಗೆ ಪ್ರವೇಶಿಸಿದ ಬುಧ ಎರಡೇ ದಿನದಲ್ಲಿ ಮತ್ತೆ ಹಿಮ್ಮುಖವಾಗಿ ಸಂಚರಿಸುತ್ತಿದೆ. ಡಿಸೆಂಬರ್ 31ಕ್ಕೆ ಬುಧ ಮತ್ತೆ ಧನುರಾಶಿಗೆ ಸಂಚರಿಸಿದೆ, ಫೆಬ್ರವರಿ 7, 2023ರವರೆಗೆ ಇದೇ ರಾಶಿಯಲ್ಲಿದ್ದು ನಂತರ ಮಕರ ರಾಶಿಗೆ ಪ್ರವೇಶಿಸಲಿದೆ. ಜ್ಯೋತಿಷ್ಯದಲ್ಲಿ ಯಾವುದೇ ಗ್ರಹದ ಹಿಮ್ಮುಖ ಸಂಚಾರ ಅಷ್ಟೊಂದು ಶುಭ ಎಂದು ಹೇಳಲಾಗುವುದಿಲ್ಲ. ಇದೀಗ ಬುಧ ಧನು ರಾಶಿಗೆ ಹಿಮ್ಮುಖವಾಗಿ ಚಲಿಸಿದಾಗ Full Article
akr Mithun Chakraborty Death Threat: ধর্মীয় উস্কানিমূলক মন্তব্যের জের! পাকিস্তান থেকে মিঠুনকে খুনের হুমকি লরেন্স ঘনিষ্ঠর... By Published On :: Mon, 11 Nov 2024 14:25:32 +0530 Mithun Chakraborty: বিষ্ণোই সলমানকে হুমকি দিয়েছেন এবং কৃষ্ণসার হরিণ হত্যার জন্য ক্ষমা চাওয়ার দাবি জানিয়েছেন। সম্প্রতি সলমনের ঘনিষ্ঠ বন্ধু এবং এনসিপি নেতা বাবা সিদ্দিকিকে নৃশংসভাবে হত্যা করা হয় এবং বিষ্ণোই গ্যাং সেই খুনের দায় স্বীকার করে। এমনকী খুনের হুমকি পান শাহরুখ খানও। এবার খুনের হুমকি পেলেন মিঠুন। Full Article
akr WATCH | Wasim Akram: 'পাকিস্তানের ২০০ বিড়ালের চুল কাটা হয়ে যাবে'... কোন বিলে মাথা ঘুরছে সুইং সুলতানের! By Published On :: Tue, 12 Nov 2024 15:56:48 +0530 Wasim Akram's Hilarious Cat's Haircut Story: ওয়াসিম আক্রম যে গল্প শোনালেন, তা শুনে প্রায় সকলেই চমকে গেলেন... Full Article
akr Wasim Akram’s Cat Grooming Mishap: A Haircut As Costly As An iPhone By Published On :: Tuesday, November 12, 2024, 16:21 +0530 Akram, known for his humor and wit, quipped that this amount could cover grooming costs for nearly 200 cats back home in Pakistan. Full Article
akr IND vs SA: Varun Chakravarthy takes 5-wicket-haul but enters THIS unwanted record in 2nd T20I By www.dnaindia.com Published On :: Mon, 11 Nov 2024 13:49:00 GMT South Africa on Sunday secured a three-wicket win against India in the second T20I to level the series 1-1. Full Article Sports Cricket
akr The climate of history in a planetary age [Electronic book] / Dipesh Chakrabarty. By encore.st-andrews.ac.uk Published On :: Chicago ; London : University of Chicago Press, 2021. Full Article
akr TVS Srichakra, SASTRA to train engineering grads By www.thehindu.com Published On :: Tue, 06 Sep 2016 13:08:05 +0530 Full Article Education Plus
akr Hello fungi : a little guide to nature / Nina Chakrabarti By darius.uleth.ca Published On :: Chakrabarti, Nina, author, illustrator Full Article
akr Supreme Court rejects CBI plea against Bombay HC order quashing LOCs against actor Rhea Chakraborty, kin By www.thehindu.com Published On :: Fri, 25 Oct 2024 17:07:49 +0530 A Bench comprising Justices B R Gavai and K V Viswanathan termed the plea of probe agency as “frivolous” while trashing it Full Article Mumbai
akr Exclusive! Mithun Chakraborty Speaks! By www.rediff.com Published On :: Tue, 01 Oct 2024 11:04:16 +0530 'If Mithun Chakraborty can do it, so can anyone else. It is okay for the common man like me to have dreams. They do come true.' Full Article
akr Balakrishna, Anil Ravipudi Telugu film titled ‘Bhagavanth Kesari’ By www.thehindu.com Published On :: Thu, 08 Jun 2023 13:55:59 +0530 Actor Nandamuri Balakrishna’s 108th film directed by Anil Ravipudi is titled ‘Bhagavanth Kesari’, also stars Kajal Aggarwal, Sree Leela and Arjun Rampal Full Article Movies
akr ‘Bhagavanth Kesari’ teaser: Anil Ravipudi plays to Balakrishna’s strengths By www.thehindu.com Published On :: Sat, 10 Jun 2023 14:33:39 +0530 The teaser of actor Nandamuri Balakrishna’s 108th film ‘Bhagavanth Kesari’, directed by Anil Ravipudi, has the actor mouthing fan-pleasing dialogues in Hindi and Telangana-laced Telugu Full Article Movies
akr L.G.Balakrishnan & Bros.Ltd. - Disclosures under Reg. 29(1) of SEBI (SAST) Regulations, 2011 By www.thehindubusinessline.com Published On :: Fri, 02 Aug 2019 15:17:20 +0530 Full Article Disclosures
akr Mithun Chakraborty to be conferred with Dadsaheb Phalke Lifetime Award for 2022 By www.thehindubusinessline.com Published On :: Mon, 30 Sep 2024 19:11:10 +0530 An alumnus of the prestigious Film and Television Institute of India (FTII), Chakraborty gained significant popularity in the 1980s with his role in ‘Disco Dancer’ Full Article Variety
akr Green Humour by Rohan Chakravarty on Indian corporations and environmental laws By www.thehindu.com Published On :: Thu, 17 Oct 2024 15:59:58 +0530 Full Article Environment
akr Green Humour by Rohan Chakravarty on the climate cost of militaries and wars By www.thehindu.com Published On :: Thu, 24 Oct 2024 12:47:02 +0530 Full Article Environment
akr Green Humour by Rohan Chakravarty on the first great Indian bustard born through IVF By www.thehindu.com Published On :: Thu, 31 Oct 2024 10:00:00 +0530 Full Article Environment
akr Green Humour by Rohan Chakravarty on UN climate conference COP29 in Baku, Azerbaijan By www.thehindu.com Published On :: Thu, 07 Nov 2024 12:40:21 +0530 Full Article Environment
akr JD Chakravarthy: I knew from day one that we were on to something big with ‘Dayaa’ By www.thehindu.com Published On :: Wed, 16 Aug 2023 11:24:42 +0530 Actor J D Chakravarthy, revelling in the reception to his Telugu web series ‘Dayaa’, says he and director Pavan Sadineni would have almost not worked with each other Full Article Movies
akr Explore the hidden frontiers of Arabia with Reza Pakravan By www.thehindu.com Published On :: Tue, 14 May 2024 18:26:54 +0530 In this new show, Reza Pakravan claims to show viewers never-before-seen caves and canyons in Arabia Full Article Movies
akr Aqueous-mediated synthesis [electronic resource] : bioactive heterocycles / edited by Asit K. Chakraborti and Bubun Banerjee. By darius.uleth.ca Published On :: Berlin : Boston : Walter de Gruyter GmbH , 2024. Full Article
akr RUNC: Karthik Ramakrishnan By endeavors.unc.edu Published On :: Tue, 22 Oct 2024 12:57:02 +0000 Karthik Ramakrishnan harnesses physics to study diseases in the brain and the heart. The post RUNC: Karthik Ramakrishnan appeared first on UNC Research Stories. Full Article Earth Research UNCovered biology Biomedical Engineering neuroscience physics student UNC College of Arts and Science UNC Research UNC School of Medicine UNC-Chapel Hill undergraduate undergraduate student
akr Matteo Bocelli teams up with sisters Sukriti and Prakriti By www.thehindu.com Published On :: Fri, 24 Feb 2023 15:03:04 +0530 Italian pianist and vocalist Matteo Bocelli collaborates with sisters Sukriti and Prakriti Kakar for the recently-released single ‘I miss you amore’ Full Article Music
akr It’s half a century in dance for actor Vineeth Radhakrishnan By www.thehindu.com Published On :: Sat, 17 Jun 2023 02:25:43 +0530 Winner of the first Kalaprathibha award instituted by the Kerala government in 1986, the actor now runs a dance school in Kochi and says connecting with students is a learning experience Full Article Kerala
akr Disinformation, AI and ‘cyber chakravyuh’ By www.thehindu.com Published On :: Tue, 13 Aug 2024 00:59:00 +0530 This year may well be the one when the world confronts a cornucopia of security threats Full Article Lead
akr Bumrah must learn to generate away-swing: Akram By www.thehindu.com Published On :: Thu, 28 Jan 2016 03:20:24 +0530 Pak legend wants youngster to be left alone Full Article Mumbai
akr RLV Ramakrishnan wants to perform Mohiniyattam at every stage in Kerala to protest against racist slurs made by a dancer By www.thehindu.com Published On :: Sat, 23 Mar 2024 14:40:36 +0530 Mohiniyattam dancer and academic RLV Ramakrishnan plans to protest against discriminatory remarks made by a veteran dancer Full Article Dance
akr India-Singapore ties are enduring and bipartisan: Singapore Foreign Minister Vivian Balakrishnan By www.thehindu.com Published On :: Sun, 09 Jun 2024 21:13:19 +0530 Mr. Balakrishnan calls Regional Comprehensive Economic Partnership a missed opportunity, hopes for Ministerial Roundtable soon, opportunities to deal with sagging investments Full Article India
akr ‘The individual’s existence becomes irrelevant when one performs Theyyam,’ says photographer K.K. Gopalakrishnan By www.thehindu.com Published On :: Fri, 18 Oct 2024 14:56:13 +0530 The art scholar on why the dance form of Theyyam has to be viewed from different angles Full Article Interview
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akr Illuminated ‘Shanku, Chakra, Namam’ commissioned atop Simhachalam By www.thehindu.com Published On :: Sun, 10 Nov 2024 23:11:49 +0530 Full Article Visakhapatnam
