Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - There should be a specific averment in the complaint that the persons sought to be made liable was in charge of and responsible for the conduct of the business of the company at the relevant point of time, as the directors in a company cannot be deemed to be in charge of and..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Question as to whether a person was in charge of and was responsible to the company for the conduct of the business at the relevant paint of time is to be adjudicated during the course of trial, based on the materials placed before the Trial Court by the parties...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Notice sent - Accused sent a reply - Complaint filed but no mention made of reply notice in the complaint nor in sworn statement - Not a ground to quash complaint...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- - Dishonour of cheque - Company - Company and its Directors approached complainant for grant of loan - As per loan agreement Company issued three cheques, which were dishonoured - A2 M.D. of company and A3 to A6 its Directors - Plea to quash complaint on the ground that there..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant can voluntarily drop any or all of the accused persons - For wrong implication Magistrate may pass observations or strictures while finally deciding the matter - Magistrate may also initiate proceedings under S.211 IPC or S.340 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Notice - Prosecution of company and directors - Notice to company - It is not required that each and every Director of company should be served with notice...........
Negotiable Instruments Act, 1881, Section 138 -- Company - Director - Averment in complaint that Directors were incharge and responsible to the company for conduct of its business - It is not necessary that role of each accused should be explained specifically...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of cheque - Two cases u/s 138 Negotiable Instruments Act prosecuted by two different complainants arising from separate cause of action - Cannot be tried together, only for the reason that the accused is the same...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Director of company whether incharge and responsible for the day to day affairs of the company is a question which has to be answered at the trial and complaint cannot be quashed on this ground...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Power of attorney holder can file complaint - Sworn statement of power of attorney can be recorded at the very inception - However, during trial payee has to enter the witness box and depose about the legal liability of the drawer, issuance of cheque, presentation of cheque for payment,..........
