Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of notice of demand - Is a condition precedent for filing complaint for offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand for payment of amount of cheque by sending notice in writing is sine qua non for filing such complaint...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Inherent powers - Ordinarily, defence of accused although appears to be plausible should not be taken into consideration for exercise of jurisdiction u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Inherent powers - High Court shall not express its view on disputed questions of fact in a petition u/s 482 Cr.P.C. to come to a conclusion that offence is not made out...........
Negotiable Instruments Act, 1881, Section 138, 141, 142(2)(a) -- Dishonour of cheque - Territorial jurisdiction - To be determined by the place where drawee maintains an account...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Notice when issued to company there is sufficient compliance of requirement of statute - It is not mandatory to issue individual notice to all persons who are to be made vicariously liable...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Director or official who claim that offence was committed without his knowledge, is required to prove that fact...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors of company - Court to insist production of Form 32 and annual return filed by company in order to determine persons who were Directors on the date of commission of offence - Such direction cannot be interpreted to mean that all summoning orders are liable to be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Liability of person involved in the management of company - Closely held company belonging to one family - Petitioner is the largest shareholder in company - In such circumstances, it is not possible, at this stage to hold that petitioner was not involved in the management of..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Territorial jurisdiction of Court - Court where bank of payee where cheque is presented for payment is situated, would have territorial jurisdiction to entertain complaint, as per amended provisions of the Act...........
