Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - College cannot be equated to a Company or a partnership firm in order to hold Principal of college, who is authorised signatory of cheque, vicariously liable on behalf of collage...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by A-1/principal of college, in the capacity of authorised signatory - A-1 did not give the cheque in his individual capacity towards the debt or liability that was owned by A-1 towards the complainant - Liability in question was only liability of college and its management and not of A-1..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - `Drawer' - Authorised signatory - Not a drawer of cheque...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint not filed by authorised person - Quashing of complaint - Complaint cannot be quashed simply because the authorization was not proper...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint not filed by authorised person - Quashing of complaint - Complaint cannot be quashed simply because the authorization was not proper...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Sole proprietorship firm - Vicarious liability - It is the proprietor who is liable u/s 138 of the Act - A2 an authorised signatory cannot be held vicariously liable - Proceedings qua him quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney of a company/firm - Complaint filed by firm in its name and is represented by its Branch Manager, who has been authorised as per Resolution - There is also a specific assertion in complaint that PW1 is competent to represent firm - PW1 is aware of transactions between..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors on the date of issuance of cheque and who signed the cheque as authorised representative of company but not directors on the date when cheque was presented to bank for encashment - Status of Directors can be tested and adjudicated upon by trial Court after parties..........
Negotiable Instruments Act, 1881, Section 138(c), 139 -- 138(c) Proviso - Dishonour of cheque - Notice not issued by authorised representative of Bank - He had neither personal knowledge of facts nor produced original file - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Wife, sole proprietor of firm, issued the cheque - Husband not authorised signatory, agent or co-proprietor of the firm - Order of summoning husband as accused u/s 138 of the Act quashed...........
