Showing : 81-90 of 603 Results

BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Vicarious liability - Offence by company - Post dated cheque - Accused issued cheque in capacity of director of company and when cheque got dishonoured accused ceased to be director of company - It is no ground to quash proceedings against accused, especially when averment in..........
DELHI HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Suspension of sentence - Offence by company - 18 complaints were filed for dishonour of 18 cheques and accused convicted for S.I. of 1 year and to pay fine of Rs.5 lakh in each case and to undergo 6 months S.I. in case of no, payment - As per evidence on record accused No.2..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Notice - Offence by company - Notice demanding payment issued upon Director/authorised signatory of cheque, who has represented drawer company in course of transaction - Shall be deemed to be notice issued upon company itself as knowledge of notice to human agency is..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Proprietorship firm - Proprietor of firm authorised her husband to sign the cheque - Merely because accused/proprietrix is not drawer of cheque does not exonerate her from criminal liability and hence accused is necessary party to proceedings...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Vicarious liability - Offence by partnership firm - Prosecution launched against only one of the partners of partnership firm, without joining partnership firm - Complaint is not maintainable - Process issued against accused quashed and set aside...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Vicarious liability - Offence by partnership firm - Unless partnership firm is prosecuted and convicted, partner cannot be convicted with aid of S.141 of the Act...........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Vicarious liability - Offence by company - Court below set aside issue of summons against accused Nos.3 to 6 as cheque signed by second accused only - As per allegation in complaint, they were attending day to day affairs of company physically being in office, therefore,..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Appeal against acquittal - Complainant and accused No.1 both are companies and no record in respect of loan allegedly given by complainant company to accused company has been produced - Even, complainant company cannot advance short term loan to accused..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Dismissal of complaint for want of prosecution - Admittedly, complaint was filed on 4.1.2012 and appellant/complainant or his counsel was attending court earlier - Complaint dismissed for only one fault which is too harsh - Order passed by Court below set aside and complaint..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint and summoning order - Offence by corporation - Petitioner is merely a nominee of corporation where he is working as manager - There is no specfic allegation aganist petitioner, which may invoke his prosecution u/s 138 of the Act - Therefore, criminal..........

Showing : 81-90 of 603 Results