Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - When offence has been proved against a partnership firm, firm per se would not be liable but liability would inevitably extend to partners of firm inasmuch as they would be personally, jointly and severally liable with firm even when offence is committed in the name of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Offence proved against firm would amount to partners of firm also being liable jointly and severally with firm - Therefore, there is no separate liability on each of partners S.141(2) of the Act applies, when negligence or lack of bona fides on the part of any..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Partnership firm not arraigned as an accused - However, partners of Firm arraigned as accused and notice was issued to them - Defect if any, is not significant or incurable in these circumstances - Moreover, cheque was issued in name of firm and signed by one of..........
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...........
