Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Cognizance of complaint can be taken before recording statement of complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Date of taking cognizance has no relevance in a complaint u/s 138 of NI Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed - Regarding same very cheques FIR lodged u/ss 420, 406 IPC - FIR quashed. (Indian Penal Code, 1860, Ss.420, 406)...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pendency of civil suit for recovery of cheque amount - Not a bar for proceeding u/s 138 of the Act - Provision of S.138 of the Act is an additional criminal remedy over and above the civil remedy available...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Discharge of liability - Cheque issued for settlement of trade liabilities - Forms valid consideration - Dishonour of cheque justifies penal action u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Power of attorney can file the complaint on behalf of payee or holder-in-due-course...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 302, Power of Attorney Act, 1882, Section 2 -- Dishonour of cheque - A duly authorised power of attorney can file complaint on behalf of the payee or holder-in-due-course - So long as power of attorney does not seek to conduct prosecution on behalf of payee or holder in due course,..........
Negotiable Instruments Act, 1881, Section 138, Power of Attorney Act, 1882, Section 2 -- Dishonour of cheque - Power of attorney can give evidence in Court on behalf of payee or holder-in-due-course, if facts necessary to secure conviction are within his personal knowledge...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Managing Director and Director - Liability - In case of Managing Director a presumption arises that the offence is committed with his active knowledge, consent or supervision for the reasons by virtue of the designation of his office - It is not so in case of Directors - To fasten..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Director - Liability - An essential ingredient of an actionable complaint, where liability is fastened on the shoulders of a Director, would be to aver that the person concerned was in charge of and was responsible to the company for the conduct of the business of the company...........
