Negotiable Instruments Act, 1881, Section 138, 142, Limitation Act, 1963, Section 5 -- - Dishonour of cheque - Complaint - Condonation of delay - Words "sufficient cause" - Interpretation of - Held, words `sufficient cause' in S.5 of Limitation Act should receive a liberal construction so as to advance substantial justice, when delay is not on account of any dilatory..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Condonation of delay of 45 days - Complainant a banking institution - Constituted attorney of complainant tendered her resignation - Held, there is likelihood of delay in completion of necessary formalities for appointment of a new attorney - Since stakes involved were high, complainant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back with endorsement "ND" - Notice was not thus served upon petitioner - Complaint, thus, not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - Notice issued for the second time - Complaint has to be filed within limitation on accrual of cause of action which arises when once notice is given - Second notice does not give fresh cause of action - Dishonour of cheque once snowballs into a cause of action it is not permissible for a..........
Negotiable Instruments Act, 1881, Section 138,87 -- Dishonour of cheque - Material alterations - Alteration of date of cheque - No endorsement or signature thereon of the drawer of cheque - Alteration of date of cheque is material alteration and without any evidence as to how the said alterations were made, makes the cheque void - On the basis of void cheque accused..........
Negotiable Instruments Act, 1881, Section 138,141 -- Dishonour of cheque - Company/firm - Vicarious liability of Directors/Partners - Averments that all partners obtained loan by stating need of Firm and one of them has issued cheque, which was dishonoured - It is nowhere stated in complaint that partners other than one who is alleged to have issued cheque at time of..........
Negotiable Instruments Act, 1881, Section 138,141 -- Dishonour of cheque - Offence by company/firm - Mere fact that at some point of time, an officer of a company played some role in financial affairs of company, will not be sufficient to attract constructive liability u/s 141 of the Act...........
Negotiable Instruments Act, 1881, Section 138,141 -- Dishonour of cheque - Dishonour of cheque - Offence by company/firm - Mere allegation regarding director's participation in negotiation for financial assistance would not give rise to inference that concerned director was responsible for day-to-day affairs of company...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused neither maintaining the account nor issued the cheque under her signatures - Complaint, held, not maintainable...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by partnership firm - Prosecution of partner - Quashing of proceedings - Petitioner/accused No.4 had already retired as a partner of accused No.1/Partnership Firm - Petitioner/accused No.4 was thus not Partner of accused No.1 at the relevant time..........
