Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Primary liability for an offence u/s 138 of the Act lies with the Company, and the Company's management is vicariously liable only under specific conditions provided in S.141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence u/s 138 of the Act can be compounded u/s 147 of the Act, at any stage of proceedings...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence u/s 138 of the Act can be compounded u/s 147 of the Act only with the consent of complainant...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Compounding - Absence of consent of complainant - Merely because Supreme Court quashed proceedings by invocation of power u/art 142 of Constitution, cannot be a reason for compounding an offence u/s 138 of N.I Act invoking power u/s 482 Cr.P.C and power..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused deposited cheque amount of Rs.6,50,000 along with 12% simple interest p.a from the date of cheque till date of actual payment besides a sum of Rs.1 lakh payable additionally - There is thus, no point in restoring the proceedings - Despite lack of consent of complainant, it is a fit case to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant had given different versions regarding consideration and his version regarding issuance of a cheque in discharge of legal liability for a valuable consideration became doubtful - Accused denied his signatures on the cheque - Presumption u/s 139 of the Act will not be attracted - Acquittal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - It is necessary to lay down certain pre-requisites that a Magistrate must address and that must be reflected in summoning orders in cases u/s 138 of the Act, so as to ensure that summoning orders are not issued mechanically and that they contain at least a brief discussion on the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured for the reasons `refer to drawer' is fully covered u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of notice - Legal notice was sent on 19.12.2018, therefore, for want of any specific averment and proof of service, if the presumption of service of notice in reasonable time is raised, it should be deemed to have been served at best within a period of 30 days, from the date of its post i.e...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 63, 305 -- Dishonour of cheque - Offence by Company - Whenever a Company is accused u/s 138 of the Act then summons has to be issued in the name of company and service of the same can be effected by serving it on the Principal Officer or Local Manager of Company...........
