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, 141 -- Dishonour of cheque - Vicarious liability - College cannot be equated to a Company or a partnership firm in order to hold Principal of college, who is authorised signatory of cheque, vicariously liable on behalf of collage...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Concept of vicarious liability as contemplated u/s 141 of the Act, cannot be imported in cases which does not fall within ambit of Company or a partnership Firm...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by A-1/principal of college, in the capacity of authorised signatory - A-1 did not give the cheque in his individual capacity towards the debt or liability that was owned by A-1 towards the complainant - Liability in question was only liability of college and its management and not of A-1..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sole proprietorship firm - Sole proprietor alone can be held liable for a cheque issued by a sole proprietorship firm for repayment of any debt...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - S.141 of the Act has no applicability to a proprietary concern as it relates to offences by company, firm or association of individuals...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Cheque was issued by petitioner in the name of Proprietorship firm - Since a proprietary concern is not a separate entity from the proprietor it may not be necessary to array proprietory concern separately - Though, liability incurred by petitioner is in the personal capacity, but..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Firm was arrayed as an accused but summons was issued to its partner personally - It is not a proper service for firm because partner was not impleaded as accused in the complaint - Summoning order and non-bailable warrant issued against partner quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Neither any notice issued to partnership firm nor partnership firm was joined as an accused - Complaint filed only against one of partners of firm is not maintainable - Proceedings quashed qua the applicant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial assistance - Failure to show if any sum was advanced towards financial assistance - Cheque amount not reflected in complainant's balance sheet - Other partners of firm did not depose as prosecution witnesses to establish that cheque amount was advanced to accused as financial assistance -..........
