Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - If offence u/s 138 of act is committed bya company, constructive liability is created on the persons responsible for the conduct of business of company - However, liability u/s 141 of Act,arises on account of conduct, act or omission on the part of an officer and not merely on..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - It shall be presumed that every negotiable instrument made or drawn is for consideration and that every such instruments, when it has been accepted, endorsed, negotiated or transferred, was accepted, endorsed, negotiated or transferred for consideration, until the contrary is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of two cheques - Part of same transaction - However, two separate complaints were filed and Court awarded sentences separately - Held, sentences to run concurrently, as petitioner has already undergone more than 11 months of his sentence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Presumption - It amounts to acknowledgment of liability on part of drawer that cheque holder may use security as alternate mode of discharging his liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - It is acknowledgment of liability on part of drawer that cheque holder may use security as alternate mode of discharging his liability - In the instant case, if cheque is taken as security cheque, then accused has made himself liable as he has not sent any payment to complainant..........
Negotiable Instruments Act, 1881, Section 138, 15 -- Dishonour of cheque - Part payment paid - No endorsement made for the same either on the back of the cheque or face thereof - Complainant claimed cheque amount - Held, no offence u/s 138 of the Act is made out...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - To constitute an offence u/s 138 of Act, cheque should be given in discharge of a debt either in whole or in part or any liability - If cheque amount is higher than the debt or liability, S.138 of Act, would not get attracted...........
Negotiable Instruments Act, 1881, Section 138, 56 -- Dishonour of cheque - Part payment made during validity of cheque and before presentation - Complaint filed for the balance amount without there being compliance of endorsement as provided u/s 56 of the Act - Endorsement as required u/s 56 of the Act has to be obtained before presenting the cheque to claim the balance..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - In order to bring a case within S.141 of Act, complaint must disclose necessary facts which make a person liable - Liability arises on account of conduct, act or omission on the part of a person and not merely on account of holding an office or a position..........
Evidence Act, 1872, Section 3, 138 -- Contents  of  documents  - Admitted  to be true in examination in chief - However, in  cross examination  that admission was withdrawn - Held, it  is  earlier part  of  the statement which carries weight and latter  part  of statement  made  by simply adopting the suggestions  put  at..........
