Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Vicarious liability - Complaint must contain requisite averments to bring about a case within the purview of S.141 of the Act so as to make some persons other than company vicariously liable therefor...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Material alteration - Blank cheques issued and later they were filled - Fact that column relating to payee filled up later but the same does not amount to material alteration...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan account number mentioned as against the payee in the cheque - Amount to be adjusted from current account to loan account - It is an in-house transaction - Only inference to be drawn is that payee is the complainant bank only...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan account number mentioned as against the payee in the cheque - Amount to be adjusted from current account to loan account - It is an in-house transaction - Cheque return memo is conclusive proof to show that cheques were presented for payment - Acquittal could not be sustained...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Plea that there was no legal liability on the part of accused to make payment towards goods delivered because of exaggerated bills - Plea not taken as a part of defence through cross examination - In reply to notice no such plea raised - Conviction not liable to be interfered with...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Cheque drawn in Philibhit - Drawer's bank in Bareilly - Cheque presented in Delhi and dishonoured - Court at Delhi has jurisdiction to try the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complainant can proceed against some of the Directors, 'Deemed liable'...........
Negotiable Instruments Act, 1881, Section 138, Punjab Money Lenders Act, 1938, Section 3, 4 -- Dishonour of cheque - Advocate - Money lending - Absence of pleading that accused is not legally liable to pay the amount - On the other hand it is pleaded that the transaction itself was void being in violation of the Money Lenders Act - Held, the matter can be taken in defence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Premature complaint - Payment not made at all - It causes no prejudice to the accused - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Summoning order on basis of Affidavit - Non examination of the concerned official who deposed in support of the complainant - Summoning order quashed - Matter remitted for reconsideration...........