Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Managing Director issued cheque in his capacity as Managing director of Company - Company acquitted - Managing Director cannot be held vicariously liable for the offence committed by the company - Managing Director acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394(2) -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Application for impleadment of L.R's of deceased accused at the instance of complainant is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394(2) -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Sentence of imprisonment and sentence of compensation - On death of accused appeal abates - However, liberty lies with the L.R's of deceased accused to contest the appeal or not and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - Mandatory inquiry u/s 202 Cr.P.C can be conducted by taking evidence of complainant on affidavit in cases u/s 138 of N.I. Act - Inquiry need not be necessarily conducted by taking evidence on oath - Further, documents may be examined..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - At the stage of issuance of summons for the purpose of S.202 Cr.P.C r/w S.145 of N.I. Act, MM is only required to examine whether basic ingredients of an offence u/s 138 of the Act have been prima facie made out by complainant and..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - MM has duly conducted necessary inquiry u/s 202 Cr.P.C before issuance of summons to accused - Merely because the summoning order of MM does not make specific reference to S.202 Cr.P.C, it cannot be accepted that an inquiry as..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Partnership firm not arraigned as an accused - Prosecution cannot be maintained without arraigning Partnership firm as an accused in the complaint - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Jurisdiction - If cheque is delivered for collection at a branch other than where payee or holder in due course maintains an account, branch of Bank where payee or holder in due course maintains the account shall be treated as branch of Bank for the purpose of S.142(2)(a) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Jurisdiction - Complainant maintains his account at `A' Branch - He has no account at `T' Branch - Even though complainant delivered the cheque for collection at `T' Branch of same Bank, by virtue of deeming provisions contained in S.142(2) Explanation of the Act, `A' Branch of the bank has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where complainant/payee is a company, an authorized employee can represent the company...........
