Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Money due to the firm - Complaint filed by Manager in his individual capacity - Prosecution is defective - Acquittal upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defective demand notice - Renders entire proceedings suffering from incurable illegality - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Issued in the name of a different person altogether - Defective demand notice renders entire proceedings suffering from incurable illegality - Proceedings quashed. (Pars 8 & 9)..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of amount lesser than the cheque amount - Statutory notice is defective and will not give rise to cause of action u/s 138 of the Act, in strict sense - However, taking note of fact that it is not a single cheque but two cheques of different dates for different amounts, enforceable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Fact regarding delivery of goods under two invoices and issuance of two cheques is proved directly and also proved by corresponding ledger entries - Payment of Rs.7 lakhs towards part payment of goods sold under said two invoices is an undisputed fact - Defence taken by accused that goods..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Lawyers notice - Omission on the part of lawyer to put his signature in the notice issued u/s 138 of the Act cannot be treated as defective notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Lawyers notice - Omission on the part of lawyer to put his signature in the notice - Since there was demand of money as such notice without signatures of lawyer cannot be held to be a defective notice...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint against company through Managing Director - No body named as Managing Director - Prosecution of company without naming any person as Managing Director is defective as even in case of holding Company guilty, no one can be sentenced - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138(b) - - Dishonour of cheque - Demand notice - Mistake of cheque number in notice does not make the notice defective or invalid...........
Negotiable Instruments Act, 1881, Section 138(b) - - Dishonour of cheque - Demand notice - Mistake in notice in mentioning number of cheque does not make the notice defective or invalid...........
