Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Appellants are neither signatories to cheques nor are whole time directors - Statutory notice was admittedly not served to accused - Most important averment which is required u/s 141(1) of the Act that Directors were in charge of, and were responsible for the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership Firm - Petitioner represented herself as partner of Firm - However, cheque was not signed by her - More so, there is no specific averments in the complaint identifying role of petitioner towards act and conduct of business of Firm - Proceedings qua petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership Firm - Cheque was signed by petitioner as an authorized signatory of partnership firm - Petitioner is vicariously liable though subject to trial - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Demand notice - Service of notice - If a drawer of cheque is a Company or partnership firm, notice should be served on Company in writing as mandated u/s 138(b) of the Act - Proof of that service can be only acknowledgement of serving the notice on representative of company is..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Petitioners are admittedly partners in a partnership Firm - Claim of petitioners are that loan is time barred - Whether loan was already time barred or whether loan was subsequently acknowledged can be decided only after trial and whether the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Accused had issued cheques on behalf of company and company has not denied this fact - Company cannot be absolved of its liability and should be prosecuted in the criminal case along with responsible office bearers...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Commercial Manager - No specific role assigned to him - Rather some other co-accused were holding the post of Managing director, Executive Director etc. - Criminal prosecution of petitioner would be an abuse of process of law - Summoning order qua petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Complaint against guarantor - Petitioner is neither a Director nor in any manner incharge of or responsible for day to day functioning of Company - Status of petitioner being a guarantor can at best create a civil liability against him as regards complainant - However, same in..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Trust - Trust being an association of persons would be company in terms of S.141 of the Act - Cheque was issued by or on behalf of Trust - Trust is therefore, principal offender - All the persons who are officer bearers of Trust being incharge of day-to-day affairs of Trust, shall also be liable..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Trust - Prosecution of President and Secretary of Trust - In the absence of Trust being a principal offender, prosecution against applicants would be hit by provisions of law - Complaint quashed...........
