Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Partners - Pleading that accused Nos.2 to 5, being the persons responsible for the affairs of accused No.1 and also being involved in day-to-day functioning of accused No.1 firm, they are jointly and severally liable to be prosecuted - There is also detailed account regarding the role..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Allegations in the complaint have to be accepted on the face of it and the truth or falsity cannot be entered into at this stage...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Power to quash proceedings at initial stage has to be exercised sparingly, with circumspection and in rarest of rare cases...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Cheque issued towards repayment of loan - In order to draw presumption, heavy burden lies on complainant to show that he had required funds for having advanced the money and that the issuance of cheque in support of said payment advanced was true and that accused was bound to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant not sure about the date of advancing loan - Complainant not sure as to who wrote the cheque - Complainant not even aware when exactly and where exactly the transaction took place - These are serious lacunas which strike at the root of the complaint - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Territorial jurisdiction - Cheque presented for encashment at place `K' - Part of cause of action took place within territorial jurisdiction of Court at place `K' - Court at place `K' has jurisdiction to try such offence...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Company - Vicarious liability of Directors - Mere bald averments in the complaint that accused persons were incharge and responsible for the conduct of day to day business of the company is not sufficient to hold them vicariously liable - It is incumbent upon complainant to specifically spell..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204 -- Dishonour of cheque - Recall of summoning order - Magistrate has no power to review its own order and recall the summoning order - Remedy lies before High Court u/s 482 Cr.P.C. or under Article 227 of the Constitution of India...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 201 -- Dishonour of cheque - Jurisdiction - Return of complaint - S.201 Cr.P.C. can be applied immediately on receipt of complaint, if Magistrate is not competent to take cognizance of the offence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Business dealing held at Mumbai - Products supplied from Mumbai to New Delhi - Cheques handed over at Mumbai - Cheques dishonoured by bankers of respondents at New Delhi - Legal notice issued from Mumbai - Thus, at least one act out of five ingredients of S.138 of the Act having been..........
