Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Question as to whether complaint is frivolous or not and whether it is the act of counter blast or retaliation post lodging of FIR by applicant against complainant, is a subject matter of trial, consideration whereof is not required at the summoning stage - Petition for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - Submissions of accused that there is no date, mode of payment and amount mentioned with regard to payments alleged to have been made by complainant, which in turn was sought to be repaid by means of a cheque which was dishonoured, is a question of trial - Same cannot be considered..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - At the stage of summoning, drawing of cheque and dishonoring of same which would attract presumption in favour of holder u/s 139 of the Act is relevant - Arguments with respect to accused being labour, complainant being hardened criminal and fraud had been played upon applicant,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397 -- Dishonour of cheque - Closure of evidence of complainant - Revision - Order to close evidence of complainant after giving him several opportunities is an interlocutory order as the same does not finally decide rights and liabilities of parties but rather only settles some..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Partners of firm are liable for dishonour of a cheque, even though cheque may have been issued in the name of firm and offence is committed by firm...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - There is no concept of vicarious liability of partners as such in case of a partnership firm - Liability is joint and several because a partnership firm is business of partners and one cannot proceed against only the firm without partners being made liable...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Liability of partners along with partnership firm is joint and several, even in absence of a partnership firm being proceeded against by complainant by issuance of legal notice as mandated u/s 138 of the Act or being made an accused specifically in a complaint filed..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - When offence has been proved against a partnership firm, firm per se would not be liable but liability would inevitably extend to partners of firm inasmuch as they would be personally, jointly and severally liable with firm even when offence is committed in the name of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Offence proved against firm would amount to partners of firm also being liable jointly and severally with firm - Therefore, there is no separate liability on each of partners S.141(2) of the Act applies, when negligence or lack of bona fides on the part of any..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Partnership firm not arraigned as an accused - However, partners of Firm arraigned as accused and notice was issued to them - Defect if any, is not significant or incurable in these circumstances - Moreover, cheque was issued in name of firm and signed by one of..........
