Showing : 41-50 of 78 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391-- Dishonour of cheque - Application u/s 311 Cr.P.C. to during pendency of appeal against conviction for recall of witness to prove that complainant firm is not registered under Punjab Money Lenders Act or with the Reserve Bank of India and as such is not competent to lend money in cash - Fact that..........
DELHI HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - When Director of company can be held vicarious liable? - Held, where company is principal offender then any of its Director would become liable due to legal fiction created u/s 141 N.I. Act - For holding a person vicariously liable for an offence of which principal..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Father and son carrying on business - Son issued cheque in his individual capacity - Father cannot be prosecuted with aid of S.141 of the Act - Provision of S.141 of the Act is applicable when offence is committed by the company or the firm and in that event any person who is..........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Partnership firm - Consisting of two partners - Cheque signed by both the partners - Complaint against firm and both the partners - No pleading in complaint that at the time the offence was committed both the partners were incharge and responsible to the firm for the conduct..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partnership firm - Sleeping partner - Quashing of proceedings - Allegations in the complaint that petitioner is a partner and responsible for the affairs of the company - Offence against petitioner whether made out can only be decided after parties lead evidence - Petition to..........
DELHI HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partnership firm - Complainant can choose to file a complaint only against the firm - Complainant may choose not to proceed against the individual partners as accused either because he is not aware as to who are the partners or is not interested in proceeding against the..........
DELHI HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partnership firm - Complainant can choose to file the complaint only against the firm - A firm cannot possibly contend that although it has been named as an accused it need not participate in the proceedings only because the person incharge of the affairs of the company at..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Proprietorship firm - Complaint filed against proprietorship firm through its proprietor - Complaint is maintainable so long as the identification of human individual behind the curtain is possible without any mistake...........
MADRAS HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Partnership firm - Partner - Liability - There must be a specific allegations and averments regarding the role played by such a partner - Bald allegation that such a partner took active part in the day-to-day business affairs of the firm without any material in support..........
GUJARAT HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Court to carry out proper verification before issuing process - Verifications required are : (1) Verification of a complaint on oath which should be in a proper manner i.e. all the facts necessary to constitute the offence must be borne out from the verification; (2) If..........

Showing : 41-50 of 78 Results