Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Vicarious liability - Complaint u/s 138 of the Act - Offence by company - Every person signing cheque on behalf of company on whose account cheque is drawn - Does not become drawer of cheque - Moreover, such signatory is only a person duly authorised to sign cheque on behalf of company/drawer..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Jurisdiction - Transfer of complaint u/s 138 of the Act from Court `B' to Court `K' - If cheque is delivered for collection through account, the branch of bank where payee or holder in due course maintains account is situated, shall have jurisdiction to..........
Negotiable Instruments Act, 1881, Section 138, 142, 147 -- Dishonour of cheque - Compounding of offence - Cheque amount though was Rs.60,000 out of it a sum of Rs.50,000 already paid by accused to complainant before institution of complaint - Complaint filed only with regard to remaining amount of Rs.10,000 - Joint application u/s 142 of the Act filed by parties with a..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint u/s 138 of the Act - Payee/holder in due course of cheque alone competent to file complaint u/s 138 of the Act - In case payee is company, complaint necessarily be filed in name of company - Company being juristic person can act only through representative authorised by Board of Directors..........
Negotiable Instruments Act, 1881, Section 138, 139, 141, 142 -- Dishonour of cheque - Complaint by power of attorney holder - Power of attorney filing complaint u/s 138 of the Act and deposing on behalf of payee must have personal knowledge of transaction in question...........
Negotiable Instruments Act, 1881, Section 138, 141, 142, 145 -- Dishonour of cheque - Complaint by power of attorney holder - Offence by company - Power of attorney holder gave evidence on affidavit u/s 145 of the Act by mentioning in verification clause that all facts stated in affidavit are true to his knowledge - However, cross-examination of CW1 reveals that he does no..........
Negotiable Instruments Act, 1881, Section 138, 142, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Condonation of delay - Delay of 61 days in filing of complaint - Legislature in its wisdom has conferred discretion on Magistrate to condone delay after recording its satisfaction about sufficient cause for not making complaint within prescribed period of limitation..........
Negotiable Instruments Act, 1881, Section 138, 142, 142A(as -- Dishonour of cheque - Complaint u/s 138 of the Act - Territorial jurisdiction - Complainant presented cheque to Bank at Surat where complainant has account - Surat Court has jurisdiction as newly inserted provision under the Act is applicable with retrospective effect - Impugned order passed by Court below set..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Partnership firm - Cheque issued individually by accused/Managing partner from his own account maintained with his bankers - Partnership firm was not in any way associated with cheque in question and therefore, not at all a necessary party to be arraigned as an accused in complaint - Complaint..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Mere sending of demand notice cannot confer any territorial jurisdiction on Court to take cognizance and try a complaint under the Act...........
