Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Complaint filed by Company through General Manager - Indication in the complaint and the sworn statement (either orally or by affidavit) to the effect that complainant (Company) is represented by an authorized person who has knowledge, would be sufficient...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Averment - Explicit averment cannot be put in a straitjacket but will have to be gathered from the circumstances and the manner in which it has been averred and conveyed, based on the facts of each case...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint by Company - When issue of proper authorization to file complaint on behalf of company and having knowledge of the transaction between parties can only be an issue of trial, petition u/s 482 Cr.P.C to quash order taking cognizance cannot be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-appearance of complainant - Accused acquitted - Matter is not decided on merits after hearing both the parties - It is desirable that matter should not be disposed of on technical ground and in haste - Ends of justice would be met if matter remanded to trial Court - Matter held, remanded to trial..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant has right to file and maintain separate complaint for dishonour of each and every cheque on failure to make payment by payer after receipt of notice u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of five cheques - Two complaints - Joint trial - Liability of accused in both the cases is different in nature as in one case cheques are stated to have been issued to discharge debt of financial assistance provided by an individual, whereas, in another case cheques..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Plea that it is not stated the exact role of petitioner in the conduct of business of company - It is always open for the petitioner to substantiate his assertion that he was not responsible for the conduct of the business of the company by leading evidence which should be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of bank manager - Details summoned through bank manager is very much essential for arriving at a just decision in case - Trial Court justified in allowing the application...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Bank Managers on one hand specifically deposed that no such bank account was opened and maintained in their bank - While on other hand cheque issued was returned with remark `Account Frozen' which presuppose that an account existed - Matter needs to be taken into consideration..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Provision of S.143-A of the Act is not mandatory in all cases as word used in the provision is `may' - However, if order is passed then payment is mandatory...........
