Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - It is necessary to specifically aver in complaint that at the time offence was committed, the person accused was in-charge of and responsible for conduct of business of company - Without such an averment in complaint the requirement of Section..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Cheques issued in advance towards future rental liability - No existing or past liability at the time of issuance of cheque - For prosecution u/s 138 of the Act it is necessary that cheque should have been issued in respect of either past or current existing debt or other legal liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques issued in advance towards future rental liability - Premises taken on rent - Premises vacated before the expiry of lease period in breach of agreement - Held, there is no legal obligation on the part of accused to effect clearance of cheque issued towards the rental liabilities for the period he..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - It is necessary to specifically aver in complaint that at the time offence was committed, the person accused was in-charge of and responsible for conduct of business of company - Without such an averment in complaint the requirement of Section..........
Negotiable Instruments Act, 1881, Section 138, Companies Act, 1956, Section 446 -- Dishonour of Cheque - Provision of Section 446 of Companies Act has no application to the provisions of Section 138 of Negotiable Instruments Act - Section 138 of NI Act has overriding effect over section 446 of Companies Act - Order staying proceedings under section 138 because of Section..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security for repayment of debt - It is a negotiable instrument - Dishonour of cheque - Drawer of cheque incurs liability of prosecution under Section 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Holder in due course - Means any person who for consideration became the possessor of promissory note, bill of exchange or cheque if payable to bearer or the payee or indorsee thereof - `A' gave loan to `B' - Bank purchased cheque from `B' - `B' made an endorsement in favour of Bank - Bank becomes..........
Negotiable Instruments Act, 1881, Section 138, 9 -- Dishonour of cheque - Holder in due course - Purchaser of cheque is holder in due course if there is an endorsement in favour of the purchaser...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Absence of complainant - Dismissal of complaint - Dismissal of complaint for non appearance can only be when personal attendance of complainant is essential on that day for the progress of the case and situation does not justify the case being adjourned to..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent as per registered post - Notice received by family member of drawer - No evidence led by drawer to prove that he did not receive notice through member of his family - Acquittal of accused on ground of want of service of notice is bad in law - Accused..........
