Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Mere fact that cheques were issued as a security pursuant to a financial transaction, then too, cannot be considered as a worthless piece of paper...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Petitioner sought to invoke summary jurisdiction of Court U.O.12.R.6 CPC by relying upon certain statements purportedly made by plaintiff in independent criminal proceedings before a criminal Court relating to dishonour of cheques - However, statements relied upon by petitioner do not qualify as clear,..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Cheques were issued on 5.12.2011 for an amount of Rs.13,50,000 - However, a period of more than 13 years has elapsed since then, but despite the reference of matter four times for mediation, petitioners were unable to settle the same and even after time was taken from High..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Petitioner being independent director had resigned prior to issuance of most cheques and was not signatory to any of them - Complaints are silent qua any active role of petitioner in business of company - Statutory requirement u/s 141 of the Act is not satisfied -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Return of dishonoured cheques simpliciter does not create an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Cheques neither issued nor signed by appellants, nor they had any role in their execution - No material on record that they were responsible for issuance of cheques in question - Their involvement in the company's affairs was purely non-executive, confined to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques issued by petitioner to discharge immoral debt created by her son is not enforceable under law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques issued by petitioner to complainant is to clear the amount illegally accepted by his son for arranging a seat in Medial College for son of complainant - Son of complainant has also participated in the illegal act and even complainant herself is a party to immoral and illegal transaction made..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Cheques in question issued towards refund of security deposit to the tune of Rs.9,00,000 made by complainant when he had taken flat owned by accused on rent - However, complainant continued to occupy subject flat for a period of nearly 5 years beyond the last date of rent agreement without paying any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - More than three cheques - Single complaint in respect of dishonour of more than three cheques is maintainable if a consolidated notice of demand is served upon accused...........
