Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Central Service Co-operative Bank - Plea that Co-operative Bank does not fall within definition of `Banker' u/s 3 of the Act as it is not licensed by Reserve Bank of India - Supreme Court has emphatically held that essence of "banking" lies in the acceptance of deposits from the public repayable on..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 220 -- Dishonour of multiple cheques - Single complaint - Whether maintainable - Single complaint relating to dishonour of multiple cheques issued by accused in one series of acts so connected together as to form same transaction, is maintainable in view of S.220 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 141, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22A -- Dishonour of cheque - Complaint against sick company - Restraint order u/s 22-A of SICA did not restrain accused/company to draw on its assets to meet its day-to-day operations - Cheques in question were issued to discharge liability of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Cheques neither issued nor signed by appellants, nor they had any role in their execution - No material on record that they were responsible for issuance of cheques in question - Their involvement in the company's affairs was purely non-executive, confined to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques issued by petitioner to complainant is to clear the amount illegally accepted by his son for arranging a seat in Medial College for son of complainant - Son of complainant has also participated in the illegal act and even complainant herself is a party to immoral and illegal transaction made..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - More than three cheques - Single complaint in respect of dishonour of more than three cheques is maintainable if a consolidated notice of demand is served upon accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of four cheques - Joint demand notice - Single complaint - Complainant has issued and served upon accused a joint notice of demand in respect of all the four cheques in question - Thus, a single cause of action arose in favour of complainant for filing a complaint against accused upon expiry of 15 days from the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Non-executive director - Appellant was neither a signatory to dishonoured cheques nor was he actively involved in the financial decision making of company - Complaint does not contain any specific averments detailing how Appellant was responsible for dishonoured cheques - Role..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheques - Offence by Company - Director - Appellant had already resigned as Director of Company before issuance of cheques in question - He was neither a Director nor connected with the company - Appellant is not responsible for affairs of Company in view of provision of S.141 of the Act - Complaint qua..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Applicants have not signed any cheques in question - No statutory notices were sent to them - Their specific status and role is not specified in the complaint - Their liability to pay that amount under dishonoured cheque is not established from averments in the..........
