Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 5 cases - Concurrent running of sentences - Accused is languishing in jail since 2013 and had already undergone sentence of more than 4 years - In none of cases provision of S.427 Cr.P.C. was taken note by Court below - Sentence in all cases..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Managing Director or Joint Managing Director - There is no need of specific averment in complaint that they are in charge and responsible for the conduct of business of the company as they by virtue of the office they hold are in charge and responsible for the conduct of business of the company and..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Legal principles applicable to Managing Director of a company apply with equal vigour in case of Managing partner of a partnership firm...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Firm and Managing Partner arrayed as accused - Non inclusion of two more partners who are alleged to be responsible and in charge of business of the partnership firm at the time of committing the offence - Held, no, inclusion of other partners as accused would not lead to the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - It is necessary for Courts to ensure strict compliance of statutory requirements as well as settled principles of law before making a person vicariously liable...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - For making a Director of a company liable for offences committed by Company, there must be specific averments against Director showing as to how and in what manner Director was responsible for conduct of business of company...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Erstwhile Director of company - Cheques in question neither issued by accused/Director nor he was involved in the day to day affair of company - Name of accused not shown as involved in the working of company - Accused resigned even before presentation of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Acquittal - Appeal - Lies in the High Court if special leave for such appeal is granted u/s 378(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of loss of two cheques while travelling in a bus - No police complaint lodged - Conduct of accused is relevant while considering his defence - When accused admitted his signature on cheque and when it has been produced by complainant then burden is on accused to explain as to how cheque came into..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In the instant case, accused issued two cheques on failure to execute sale deed - However, accused denying transaction of agreement of sale and stating that cheques issued as security for loan transaction - Material on record shows that amount of Rs.1,50,000/- paid by complainant to accused person, but..........
