Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Financial capacity - When accused themselves have not chosen to question source of income and financial capacity as given by complainant, trial Court need not had to further probe into matter regarding financial capacity of complainant - Complainant proved beyond reasonable..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Non-Executive Director - Where accused has resigned from Company and Form 32 was also submitted with Registrar of Companies then in such case if cheques are subsequently issued and dishonoured, it cannot be said that such an accused is in charge and responsible for conduct of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Non-Executive Director was involved in discussion and represented company prior to issuance of cheque and resignation and before agreement was executed - It does not mean that even after his resignation he continues to be responsible for actions of Company including issuance of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Director - Mere repetition of phraseology of S.141 of the Act that accused is In-charge and responsible for conduct of day-to-day affairs of Company may not be sufficient and facts stating as to how accused was so responsible must be averred...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Director - Quashing of proceedings - High Court while entertaining a petition for quashing shall not consider defence of accused or conduct a roving inquiry in respect to merits of accusations but if documents filed by accused are..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - From reply to notice, intention of drawer is clear that he does not wish to make payment - Complainant need not to wait for 15 days to file complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint from Court at Agra to Court at Siliguri - Delivery challan that all disputes will be subject to jurisdiction of Courts at Siliguri - It is not a bar for Courts in any other jurisdiction to entertain the proceedings - It is always open to accused to raise this point before Court at..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - From a Court at Agra to a Court at Siliguri - Complaint u/s 138 of the Act filed after accused lodged a prior complaint to police about loss sustained on account of poor quality of feed supplied by complainant - Not a ground for seeking transfer of proceedings...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - From a Court at Agra to a Court at Siliguri - Complainant having its Head Office at Siliguri and that there is no reason why it chose to file a complaint in Agra - Not a ground for seeking transfer of proceedings - Under S.142(2)(a) of the Act, Court within whose jurisdiction the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Petitioner due to some loss in business in real estate could not hand over flat to complainant nor could succeed to return amount - However, petitioner is ready to return amount of complainant in installment and complainant has no objection - Petitioner released on provisional bail - Direction issued...........
