Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Petitioner No.3 continues to be a director of the company - It cannot be held that there is an unimpeachable evidence or acceptable circumstances which lead to conclusion that petitioner No.3 could not have been in charge or responsible for conduct of business at the relevant..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director of company - Director had resigned much prior to issuance and dishonour of cheque in question - He was not even signatory of cheque - Petitioner thus, not liable for criminal prosecution - If such proceedings are allowed to continue, same will be miscarriage of justice -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Cheque clearly bears signature of petitioner - Petitioner was not a Director at the time of signing of cheque or same is without consideration cannot be evaluated, appreciated or decided at this stage which requires recording of oral and documentary evidence which can be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Complaint against Director of company without company arraigned as an accused is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Complaint against Director of company without company arraigned as an accused is not maintainable - Company cannot be arraigned as an accused now when notice of demand is not issued to company - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Notice - Served upon Managing Director - Implies that Company is made aware of the dishonour of cheque and of demand for payment of the dishonoured cheque - Complaint filed against company without service of notice in the name of company and by serving statutory notice on the Managing..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Every person who was incharge of business of Company and responsible to Company for conduct of its business is vicariously liable apart from the Company itself - Such a person may be somebody other than a `Director' so long as he is an officer of the Company - However, an..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Pleading as to liability of Director - Pleading of such requirement in notice - Held, averments in legal notice u/s 138 of the Act cannot be construed to be averments made in complaint - That apart, even averments made in legal notice, do not fulfill the requirement of law -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Pleading as to liability of a Director - In respect of whole time Directors, mere reproduction of words of S.141 of the Act would be sufficient...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Directions issued that in all cases where accused is a `Company', before issuing summons to the accused persons the trial Court/Magistrate shall direct complainant to produce a copy of Form No.32 and the annual Return filed by the Company in order to determine the persons, who..........
