Negotiable Instruments Act, 1881, Section 138, 142A -- Dishonour of cheque - As per S.142-A (1) as amended by Ordinance, 2015, all complaints those were pending in Courts other than Courts having territorial jurisdiction as per amended S.142 of the Act, stood automatically transferred to Court having territorial jurisdiction as provided under amended S.142 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Committee - Liability of - "...association of individuals" - Association of individuals should be of similar nature as companies and partnership firms - Committee thus comes within the purview of company as defined under the Explanation of S.141 of the Act - Accused Nos.2 & 3 who issued the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Disputed questions of facts cannot be decided in an application u/s 482 Cr.P.C that too at the stage of trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Landing capacity - Either by way of reply to the notice or in the cross examination of complainant there was no denial of lending capacity of complainant - Even in the evidence of accused, there was no denial of lending capacity - Contention regarding lending capacity is apparently untenable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Permission for withdrawal of petition for recording of compromise - Compromise arrived at between parties - Accused discharged his liability by paying cheque amount - However, after filing petition for recording compromise, complainant refused to appear before Court - Since complainant had..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Necessary and specific averments ought to be mentioned in a complaint before a person is subjected to criminal prosecution and it is not enough if person accused is/was Director/CEO of company - It is obligation of complainant to clearly and unambiguously aver that person..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Mere designation of an officer in a company is not enough to make officer vicariously liable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - There must be specific and necessary averments in complaint regarding nature of transactions between parties and complaint cannot be maintained on mere sketchy averments/allegations...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Offence by company - Form no.DIR-11 clearly evidences that petitioner resigned on 15.06.2016 and was no longer responsible for conduct of business of accused no.1 company on the date of commission of offence - Even, cheque in..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Sole Proprietorship firm - Principle contained in S.141 of Act is not applicable to a sole proprietary concern...........
