Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pendency of proceedings u/s 14 of Insolvency and Bankruptcy Code (IBC) does not bar the proceedings u/s 138 of N.I Act, as proceedings under IBC are civil in nature and proceedings u/s 138 of N.I. Act are criminal in nature...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 220 -- Dishonour of cheque - Issuance of two cheques on purchase of product on credit - Two notices issued but single complaint filed - Offences that are committed as part of the same transaction can be tried jointly as per law laid down by Supreme Court wherein it is held that where..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Appellate Court suspended sentence till disposal of main appeal on a condition of depositing 20% of the compensation amount - Extension of time - Reason for non deposit due to ill health of petitioner's son - Direction issued to deposit 20% of cheque amount instead of 20% of compensation amount..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Only by saying that a person was in charge of the company at the time when offence was committed is not sufficient to attract S.141(1) of the Act - Words "was in charge of" and "was responsible to the company for the conduct of the business of the company" cannot be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Averment that appellants are busy with the day-to-day affairs of the company - This is hardly relevant in the context of S.141(1) of the Act - It cannot be concluded that appellants were responsible to the company for the conduct of the business - Complaint against..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Managing Director - Merely because somebody is managing the affairs of the company, per se, he does not become in charge of the conduct of the business of the company or the person responsible for the company for the conduct of the business of the company - In a given case, a..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Appellants are neither signatories to cheques nor are whole time directors - Statutory notice was admittedly not served to accused - Most important averment which is required u/s 141(1) of the Act that Directors were in charge of, and were responsible for the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of notice of demand is a condition precedent for filing a complaint in view of S.138(c) of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Correction of Cheque numbers - Accused admitted in his examination u/s 313 Cr.P.C qua actual cheques with corrected numbers - Bank records and trial testimony also supports assertion that incorrect typing of cheque numbers in legal notice was a bona fide error that was..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Four cases - Sentence - When conviction arises out of single transaction, concurrent sentences are merited but not when there are several transactions over a period of time...........
