Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - S.141 has application only if company has committed an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Cheque issued in discharge of personal liability of petitioner - Transaction alleged in the complaint is a transaction with the petitioner personally - Signatory of cheque is petitioner himself - Company concerned has no role to play in the transaction - Merely because rubber stamp of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter finally settled between parties and liability is discharged - Accused has already deposited 10% of cheque amount with Punjab State Legal Services Authority, in compliance of Court's order - Permission to compound offence u/s 138 of the Act granted - Conviction and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Procedure to be adopted - It is for the trial court to adopt the procedure, as contemplated under the provisions of the Code read with the provisions of N.I. Act while dealing with the case u/s 138 of N.I. Act...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit for recovery - Dishonour of cheque - Non-appearance of defendant within 10 days despite being served with summons - Allegations in plaint are deemed to be admitted and plaintiff is entitled to a decree for a sum not exceeding the sum mentioned in summons - However, trial Court erroneously while treating the suit..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Complainant not ready and willing to compound the offence - Application u/s 147 of the Act rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - When complainant is not ready and willing to compound offence, it cannot be compounded as per provision of S.147 of the Act - Therefore, S.147 of the Act only permits compounding of offence but there is no such intention of Legislature to compel complainant to get offence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal in default - Reason for dismissing complaint was beyond the control of complainant - Therefore, to meet ends of justice, complainant is given another chance to put forward his claim - Complaint ordered to be restored to its original..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheque - If on the date of cheque liability or debt exists or amount has become legally recoverable, S.138 of the Act is attracted and not otherwise...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issued for discharge of later liability is clearly covered by statue...........
