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..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - As per complainant, he advanced friendly loan of Rs.11,30,000/- to accused - However, there is no evidence that complainant has capacity to advance Rs.11,30,000/- or that amount is shown in Income Tax Return - Even, accused stated that complainant misused cheque which he gave..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251, Evidence Act, 1872, Section 138 -- Dishonour of cheque - Cross examination - Once accused takes a particular line of defence in the notice u/s 251 cr.P.C., it is expected that cross examination would be on the same line...........
Evidence Act, 1872, Section 138, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cross examination - Deferred - Defence of repayment of loan - Complainant directed to produce Income Tax Returns - Further cross examination has to be based on its relevancy part only - Accused does not have liberty to further cross examine complainant to frustrate the..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 227, 482 -- Dishonour of cheque - Offence by company - Admittedly, resignation of accused was accepted by company and resolution was passed by company - However, forwarding of Form No.32 by accused to Registrar of Companies will be matter of trial - Therefore, Court cannot enter into..........
