Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Offence by company - Vicarious liability - Requirement of S.141 of the Act is that person sought to be made liable should be incharge of responsible for conduct of business of company at relevant time...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Offence by company - Vicarious liability - Requirement of S.141 of the Act is that person sought to be made liable should be incharge of responsible for conduct of business of company at relevant time - Since this has not been averred as a fact therefore, there is no deemed liability of..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Offence by company - Vicarious liability - Petitioner resigned from Directorship of company and date of resignation is relevant - However, in complaint there is no averment as to how and in what matter petitioner was responsible for conduct of business of company or otherwise responsible for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Plea of accused that statutory notice was not served on him and that complainant had no ability to advance amount - Plea held not tenable as on basis of statutory presumption available to notice sent by registered post in correct address and also on basis of evidence of PW2, trial Court..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion regarding signatures therein - In reply notice plea of security cheque raised - Held, in absence of any dispute raised by accused in reply notice with regard to issuing cheque in favour of complainant, trial Court was not justified in allowing prayer for..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Direction to deposit 20% of cheque amount - Accused was to pay amount as per notice on or before 11.08.2018 - Offence will be complete only after 11.08.2018 - S.143-A of the Act came in the statute book on 01.09.2018 i.e. subsequent to commitment of offence - Impugned order vide which direction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused sentenced to a period of 6 months S.I - He suffered agony and trauma of protracted trial and undergone a period of 4 months and 10 days in custody - It is thus, just and proper to reduce the sentence of accused to period already undergone by him - Complainant is free to..........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Additional evidence at appellate stage - Dishonour of cheque - Documents sought by accused to demonstrate that cheque was drawn by way of security only and to contest the quantum of liability of which cheque was already drawn - Omission to produce said documents before trial Court..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Factum of loss of cheque cannot be determined at stage when evidence is yet to come - Order passed by Court below does not suffer from any illegality or infirmity - Proceedings cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused sentenced to period of 1 year S.I - However, accused has undergone period of 10 months and 15 days in custody and also suffered agony and trauma of protracted trial - Sentence of accused thus, reduced to period already undergone by him...........
