Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - No action can be taken against a person who is merely account holder and who has not issued cheque...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Appeal against acquittal - Complainant except making a bald assertion regarding his financial capacity to mobilise funds has not produced any other document - Hence, it cannot be presumed that cheque was issued in discharge of legally enforceable debt or liability - As such,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused has not been able to rebut presumption u/s 139 of the Act - He has not denied his signatures in cheque - He does not deny fact that receipt was given by him which acknowledges a sum of Rs. 15,00,000/- was taken as loan - Moreover, mere ipse dixit of accused and statement in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of order declaring accused as proclaimed offender - If accused shows his sincere intention and desire to appear before Court, then it would not be unjustified to protect him from being arrested - Order declaring accused as proclaimed offender set..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Offence by company - Cheques has not been signed by present petitioners, the same has been signed and issued by `A' from individual bank account maintained by him - Present petitioners cannot be made vicariously liable for the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Of lesser amount than that of cheque amount - Part payment of cheque amount received - Notice issued of actual amount due - Notice not invalid...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured with endorsement `Exceeds arrangement' - Payment demanded of outstanding liability - defence of accused not succeeded in rebutting presumption formed in favour of complainant - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability - There can be no vicarious liability unless there is prosecution against firm...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Company not arrayed as accused - If prosecution proceedings against firm were not taken by complainant for offence u/s 138 of the Act, it is certainly a bar for proceeding against other person coming within ambit of S.141(1), (2) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Impleadment of firm as accused - Cheque drawn on the account of firm - Complainant failed to issue notice to firm as contemplated u/s 138(b) Proviso of the Act - Since no notice was issued against firm within time prescribed, complainant has no sufficient cause for invoking..........
