Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Administrative role of each director would be within the special knowledge of Company or director of firm and it is for them to establish that they were not in charge of affairs of Company - Contention that specific role attributed to directors should be set out in complaint does not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once signatures over cheque have been admitted by accused, then, onus is upon him to prove that cheque in question was issued without any legal liability - However, evidence of DW1 is too short to rebut said presumption - Since entire amount of compensation has been deposited and complainant has not..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 225 -- Dishonour of cheque - Summoning of accused - Accused residing beyond territorial jurisdiction of Court - Drill of S.225 BNSS not followed before issuance of process - Summoning order set aside - Matter remitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Neither complainant nor his counsel appeared before trial Court on six consecutive dates - Repeated absence of complainant, failure to avail statutory remedy and unexplained delay together do not present a case of procedural..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Revision not maintainable against an order of acquittal in a complaint case - Proper remedy is to file appeal u/s 378(4) Cr.P.C subject to grant of special leave by High Court - Revision petition rightly dismissed being not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Joint account - Drawer of cheque was solely accused - Dishonour due to instruction by a non-drawer does not satisfy ingredients of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In proceedings u/s 138 of the Act, complainant must prove not merely dishonour of cheque but also existence of a legally enforceable debt or liability on the date of issuance...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Joint account - Drawer of cheque was solely accused - Dishonour due to instruction by a non-drawer does not satisfy ingredients of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In proceedings u/s 138 of the Act, complainant must prove not merely dishonour of cheque but also existence of a legally enforceable debt or liability on the date of issuance...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Corporate Insolvency Resolution Process issued against Company - Proceedings under the Act can not only be continued but also initiated against accused arraigned by virtue of S.141 of the Act, even after accused company is admitted to insolvency process...........
