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, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Prosecution of partners of firm - Cheques shown to be signed by Respondent No.2 in capacity of authorised representative of Respondent No.1 - Material or record evidencing that Respondent No.2 participated actively in day to day..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Company - Change/Substitution of authorised representative - Authorised representative who has left the company cannot remain authorised representative of the company - Order allowing change/substitution of authorised representative of company upheld. 2002(1) Civil Court Cases 13 (S.C.) followed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Company - Substitution of authorised representative of company - Earlier authorised representative of company examined in part - Expunging of Evidence - No provision either in Evidence Act or in Cr.P.C. under which direction to expunge evidence can at all be passed - Evidence adduced on record has to be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint filed by authorised representative of the company - Held, that when complaint is filed in the name of a incorporeal person it is necessary that natural person represents such juristic person in a Court - The company being a juristic person shall be dejure complainant, while the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by authorised representative of company - Held, that authorised representative of company can file the complaint u/s 138 of the Act on behalf of the company - Petition u/s 482 Cr.P.C. to quash the proceedings dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Complaint filed by Company through authorised representative - Said authorised representative left the service of the company - Held, there is nothing wrong in substituting a fresh Power of Attorney or representative of the company in the place of previous Power of Attorney or representative...........
