Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Quashing of proceedings qua Director - If any Director or partner wants the process to be quashed on the ground that only a bald averment is made in the complaint and that he/she is really not concerned with issuance of cheque, he/she..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Object of notice before filing of complaint is not just to give a chance to drawer of cheque to rectify his omission to make his stance clear so far as his liability u/s 138 of the Act is concerned...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Liability of Director - On other elements of an offence u/s 138 of the Act being satisfied, burden is on Board of Directors or officers in charge of affairs of Company/partners of a firm to show that they were not liable to be convicted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Criminal liability and vicarious liability - Criminal liability is attracted only on those, who at the time of commission of offence, were in charge of and were responsible for conduct of business of the firm - But vicarious criminal liability can be inferred against the..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Accused allowed to exhibit his statement in evidence in the form of an affidavit - However, cross examination may be accordingly permitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured on account of `Exceeds Arrangement' - However, there is printed instructions on the cheque that it would be valid only for Rs.10 lakhs but disputed cheque was of Rs.12.25 lakhs - It cannot be treated as valid negotiable instrument - Order taking cognizance set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by Company filed through Director, who initially has no authorization to represent company - Complaint cannot be quashed on said ground, as Company can at any stage rectify such defect...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Main petition withdrawn - Once very petition stands withdrawn on the basis of compromise, continuation of FIR u/s 174-A IPC is nothing but an abuse of process of law - FIR u/s 174-A IPC along with all subsequent proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Factum of disputed service of notice - Requires adjudication on basis of evidence - Complaint cannot be quashed on disputed question of fact...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheque alleged to be stolen - Information regarding missing of cheque not given to bank - Information to bank was given when accused came to know about filing of complaint but neither the details of cheque was mentioned nor any..........
