Negotiable Instruments Act, 1881, Section 138, 139, 141 -- Dishonour of cheque - Offence by Company - Cheque amount of Rs.5,12,188 which was dishonoured and unpaid since 29.5.2000 - Company and its three Directors convicted and sentenced - Accused to pay fine of Rs.8,00,000 jointly and severally and in default accused Directors shall suffer R.I. for one year each - Fine..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures not disputed - Merely for this fact accused cannot be convicted, in absence of cheque having been issued for discharge of debt or other liability...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Company not implead as a party - If no offence is attributed to the company then its Directors and other persons responsible for the conduct of its business cannot be saddled with any liability...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Company not impleaded as a party - Amendment of complaint - When there is no averment at all in respect of a Company, amendments as sought would be a complete overhauling of the first complaint and a clear attempt to overcome the foundational infirmity of the absence of any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendments of simple technical infirmities alone can be allowed but not the filing of a fresh complaint with improved pleadings, in the garb of amendment...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Firm not made an accused - Unless company or firm has committed the offence as a principal accused, persons mentioned in sub-section (1) or (2) would not be liable and convicted as vicariously liable - Conviction of partner of the firm set aside...........
Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of cheque - Offence by Company - Vicarious liability arises only when Company or firm commits the offence as primary offender - Unless the company or firm commits the offence as a principal accused, persons mentioned in sub-section (1) or (2) would not be liable and convicted as vicariously liable...........
Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of cheque - Offence by Company - Vicarious liability in criminal law in terms of S.141 of the Act, cannot be fastened because of civil liability...........
Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of cheque - Onus u/s 141(2) of the Act is on the prosecution and not on person being prosecuted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding - Cheque pertain to year 2011 for a sum totalling Rs.2,24,996/- - Accused willing to make payment of Rs.Four lakhs which payment after ten years is inadequate - Court declined to exercise its discretion to close the proceedings, particularly when complainant is not willing to consent to..........
