Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney of a company/firm - Complaint filed by firm in its name and is represented by its Branch Manager, who has been authorised as per Resolution - There is also a specific assertion in complaint that PW1 is competent to represent firm - PW1 is aware of transactions between..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney of a company/firm - Complainant produced statements of accounts which shows that outstanding amount due from accused to complainant tallies with amounts covered by cheques - Complainant has discharged its initial onus of proof by satisfying the concomitants constituting..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Date of receipt of notice is very important but it is not necessary that any particular date as regard receipt of demand notice should mandatorily be mentioned in the complaint itself - Day of receipt of demand notice can very well be inferred from documents/evidence on record...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of demand notice - Even if track consignment report is not filed, Court may presume service of notice in ordinary course of business, if it is shown that same was sent by registered post on correct address...........
Negotiable Instruments Act, 1881, Section 138, 143(2), 143(3) -- Dishonour of cheque - Expeditious disposal of case - Trial Court to conclude trial of complaint case u/s 138 of the Act within a period of six months strictly in accordance with statutory provision of S.143(2) and 143(3) of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where cheque is dishonoured for any technical reason or reasons, which may be categorized as innocuous one, provision of S.138 of the Act may not be attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque was dishonoured with a remark that there was no such bank account - Since cheque was dishonoured for the reasons which are not covered u/s 138 of the Act, no offence u/s 138 of the Act is made out - Summoning order set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint as it was filed before cause of action arose - Summoning order set aside...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability - Merely because somebody is managing the affairs of Company, per se he would not become in charge of the conduct of business of company or the person responsible to company for conduct of business of company...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability - Averments in complaint are insufficient to attract mandatory provisions u/s 141(1) of the Act to create vicarious liability upon appellant - Complaint qua appellant quashed...........
