Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Firm not made an accused - Unless company or firm has committed the offence as a principal accused, persons mentioned in sub-section (1) or (2) would not be liable and convicted as vicariously liable - Conviction of partner of the firm set aside...........
Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of cheque - Offence by Company - Vicarious liability arises only when Company or firm commits the offence as primary offender - Unless the company or firm commits the offence as a principal accused, persons mentioned in sub-section (1) or (2) would not be liable and convicted as vicariously liable...........
Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of cheque - Offence by Company - Vicarious liability in criminal law in terms of S.141 of the Act, cannot be fastened because of civil liability...........
Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of cheque - Onus u/s 141(2) of the Act is on the prosecution and not on person being prosecuted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding - Cheque pertain to year 2011 for a sum totalling Rs.2,24,996/- - Accused willing to make payment of Rs.Four lakhs which payment after ten years is inadequate - Court declined to exercise its discretion to close the proceedings, particularly when complainant is not willing to consent to..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant did not remember date, month and year of advancing loan - Complainant not aware as to who made the entries of amount, name of accused and year in the cheque - No documentary evidence of advancing loan - Accused from the very beginning denied of receiving loan amount -..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Granted in a routine manner and there is no application of mind as to why said compensation has been awarded - Trial Court treated the provision as mandatory in nature whereas the legal position is otherwise - Impugned order set aside - Matter remitted for decision afresh...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Validity period of cheque - It is directly relatable to the date filled on it...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Quashing of complaint - Complaint cannot be quashed on this ground at the threshold - It is a ground to be gone into at trial - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4 -- Dishonour of cheque - Benefit of probation - Accused has no criminal antecedents as per material on record - He is entitled to benefit of probation - However while maintaining sentence of accused, he released on probation...........
