Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proceedings against a person who is not drawer of cheque - Held, a person, who is not a drawer of a cheque, even though he is a co-promissor for debt cannot be proceeded u/s.138 of N.I. Act...........
Negotiable Instruments Act, 1881, Section 138 -- - Dishonour of cheque - Offence when completed - Held, offence u/s.138 of the Act can be completed only with the concatenation of following acts - (1) Drawing of the cheque; (2) Presentation of cheque to bank; (3) Returning cheque unpaid by drawee bank; (4) Giving notice in writing to drawer of cheque demanding payment of..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Offence by company - Examination of de facto complainant - Held, where complainant is an incorporeal body represented by one of its employees, the employee who is a public servant is de facto complainant and in signing and presenting the complaint, he..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compliant - Effect of pendency of civil matter - Held, pendency of civil matter much less second appeal arising out of money suit puts no bar upon trial and its conclusion for offence u/s 138 of N.I. Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Legality of - Complainant has totally failed to prove his debts against accused person and complainant did not come with clean hands before trial Court and on contrary, accused who was doing job with complainant and complainant with a view to not paying amount of salary as well as bonus,..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - A director whose resignation has been accepted by the company and that has been duly notified to the Registrar of Companies, cannot be made accountable and fastened with liability for anything done by the company after the acceptance of his resignation...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Criminal liability of a director must be determined on the date the offence is alleged to have been committed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Appeal against - Complaint lacking material particulars - Taking different stand at different times - Accused acquitted by giving him benefit of doubt - Calls for no interference...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stay of proceedings - Submission that since informant has failed to mention in complaint, the date on which notice allegedly sent by him to revisionist, demanding payment of amount payable under cheque in question - Held, it is directed that till next date of listing, further proceeding of complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion - Sending cheque to Handwriting expert for examination - Need for - Signature on disputed cheque admitted by accused - Held, there is no need for sending disputed cheque for examination by handwriting expert concerning other part of cheque concerning date, amount etc. alleged to be filled..........
