Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Cheque signed by A2 in his capacity as Managing Partner of company/A1 therefore, A2 liable to be convicted u/s 138 of the Act - However, complainant not adduced satisfactory evidence to show that A5 was actively involved in affairs of company - In absence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint for non-prosecution - On ground of absence of complainant and her advocate - Considering absence of advocate for complainant and complainant on some occasion as recorded in Rojkam, negligence is established on part of appellant - Therefore, cost awarded to respondents - Order of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Money lender - Proof of registration as money lender not required where money advanced is as a friendly loan and not in money lending business - Order dismissing complaint by holding that Money Lender Licence under Money Lenders Act is necessary for entering loan transaction set aside and matter..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise between parties - In terms of compromise, accused deposited amount in trial Court and further stated that he has no objection, if matter is compounded - Offence compounded - Conviction set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant failed to establish that cheque was drawn by accused on an account mandated by him with a banker, which on presentation was dishonoured for insufficiency of funds - Necessary ingredients of offence u/s 138 of the Act not established by complainant - Presumption u/s 139 of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Recovery of poppy husk - I.O was not competent to conduct investigation, as he was adhoc ASI and holding substantive rank of a head Constable - This fact is admitted by I.O himself during his cross-examination - This creates defect in prosecution case...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Jurisdiction - Quashing of proceedings - Question of lack of jurisdiction and delay in submitting complaint has to be agitated in the trial Court - Filing of complaint in Court at place `L' does not appear to be wrong or erroneous - It does not come out..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint against company through Managing Director - No body named as Managing Director - Prosecution of company without naming any person as Managing Director is defective as even in case of holding Company guilty, no one can be sentenced - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director of company as accused No.2 - Complaint not filed assigning the role of accused No.2 specifically and therefore complainant against accused No.2 is not maintainable - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company/Corporation - Complaint by constituted attorney - Attorney not examined - No resolution of company in his favour either by Board of Directors of the complainant corporation or by Managing Director - Complaint not instituted through authorized person - Accused rightly acquitted...........
