Negotiable Instruments Act, 1881 -- Ss.138 and 141 - Dishonour of cheque - Offence by company - Plea that the complaint not maintainable against the petitioners who are Executive Director and Managing Director of the company as the company not made accused repelled - Held that the prosecution of the Company is not sine qua non for prosecution of other persons...........
Negotiable Instruments Act, 1881 -- S.138 - Dishonour of cheque - Complaint - Limitation - Legal notice sent on 12.08.1997 which was received by the respondents on 14.08.1997 - Period of 15 days would expire on 29.08.1997 - The cause of action for filing the complaint would arise from the next date i.e. 30.08.1997 - That day i.e. 30.08.1997 is to be excluded for counting..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Partnership firm - All the partners cannot be proceed as accused on the assumption that liability of all the partners is joint as only those partners who are actually incharge of the firm and are responsible for the conduct of its business can be proceeded against as accused...........
Negotiable Instruments Act, 1881, Section 138 -- Revision against conviction - Death of complainant during pendency of revision - L.R's allowed to be brought on record as financial benefit has accrued by order of conviction...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Partnership firm - Partners who are not incharge of the firm and are not responsible for the conduct of its business are not liable and cannot be proceeded against...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Issued after five months of receipt of information from Bank - Notice is clearly beyond the time fixed under S.138(b) of the Act - Compliant and summoning order quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Partnership firm - No allegation in complaint that accused No.3 was incharge of and was responsible to the partnership firm for conduct of its business or that she had consented or connived to the commission of said offence nor there is an evidence to this effect - Summoning order against such partner quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Employee of company issued cheque in his individual capacity to discharge liability of company - Held, employee of company is drawer of cheque in his individual capacity - Proceedings against company quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Payment stopped - In notice reason for return of cheque mentioned `Insufficient funds' - Notice is not valid...........
Negotiable Instruments Act, 1881, Section 138 -- Second cheque issued as first cheque alleged to be lost - Second cheque got encashed - Thereafter first cheque presented which was returned with endorsement `Payment stopped' - Prosecution launched on basis of first cheque quashed - Facts show that complainant filed the complaint with mala fide intention to harass the..........
