Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Expression "company" is inclusive inasmuch as it includes a firm, meaning thereby a partnership firm, as per provisions of Partnership Act, as well as a limited liability partnership or other association of individuals - Hence, expression "director" in S.141(2) of the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Director, manager, secretary or other officer of company cannot be proceeded against per se by virtue of position they hold in company but can be proceeded against only when there is proof that offence u/s 138 of the Act was committed by company with their consent or connivance..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Second handwriting expert - Report of Forensic Expert on record and not set aside - Application dismissed by holding that there is no necessity to send signatures for comparison to another Forensic Expert - Order upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Appeal dismissed on the ground of non prosecution and without giving proper opportunity of hearing to petitioner - Appellate Court has passed the order in a mechanical and cursory manner and without application of mind as no reasons or findings have been given in impugned..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of fine - Act do not prescribe criteria for determination of quantum of fine to be imposed, but discretion is given to Courts to impose suitable fine taking note of several circumstances including amount of cheque and also time consumed for trial of case and other attending circumstances...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of fine - While passing order of sentence after determining fine/compensation, Court shall also pass an order to pay future interest @ 9% p.a. on the compensation amount payable to complainant by fixing time of one/two months to deposit compensation amount so that even if matter is challenged..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Where amount is deposited pursuant to orders passed u/s 143-A of the Act, Court can consider for exclusion of interest on amount deposited by accused...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Sentence of fine - Transaction between complainant and accused Nos.1 to 3 was business transaction that took place in the year 2009 - Conclusion of trial has taken nearly four years - Matter which was taken in appeal has taken nearly 1-1/2 years and matter is pending before High Court since nearly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by proprietorship concern - Where no evidence was led to prove that complainant was owner of a proprietorship concern, he cannot be called to be a payee or holder in due course - Complainant thus, not entitled to file complaint u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.348) - Dishonour of cheque - Re-examination of witness - Witness having no personal interest in dispute and in no manner directly or indirectly connected with dispute except as an official representative - If petitioner apprehends any..........
