Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complainant company ceased to exist on its merger with another company - Not a ground to quash criminal proceedings against drawer - Criminal liability of drawer is not obliterated by merger of companies...........
Negotiable Instruments Act, 1881, Section 142 -- Limitation - One month from the date of accrual of cause of action - Cause of action arises when 15 days time given to drawer to make payment expires and payment is not made...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Jurisdiction and cause of action - Distinction - Cause of action is something quite different from jurisdiction - Cause of action must restrict itself to time whereas jurisdiction is a situs...........
Negotiable Instruments Act, 1881, Section 142, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22 -- Sick company - Dishonour of cheque - If commission of the offence under Section 138 of the NI Act was completed before the commencement of proceedings under Section 22(1) of SICA there is no hurdle in any of the provisions of SICA against the..........
Negotiable Instruments Act, 1881, Section 141, 142, 138 -- Company - Complaint against company and its Directors - Specific averment is necessary regarding the role played by each of the Directors - A-1 is company and is liable for prosecution - A-2 is the Chief Managing Director and Signatory, hence liable for prosecution - A-3 is the Director and authorised signatory and..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Complaint under S.142 - Examination of the complainant is necessary - It is incumbent on the Magistrate taking cognizance on a complaint to examine upon oath the complainant and his witnesses present, if any, to satisfy himself as to the veracity of the complainant - Dispensation of taking sworn statement will be in..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Magistrate summoning some accused persons and declining to summon others - Validity - At stage of issuing process, not necessary to go in detailed discussion of merits or demerits of case - In the instant case it is clear from the material on record that there was sufficient material to..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Computing period of limitation - Day on which cause of action arises is to be excluded - In the instant case notice served on accused on 29.9.1995 and complaint filed on 15.11.1995 - Held, complaint filed is within time as 15 days notice period expired on 14th October and cause of action for filing..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Power of attorney - Payee authorising her husband through a letter to file complaint on her behalf - Authority letter did not state that payee would be bound by the acts of her husband - Held, authority letter could not be equated with General or Special Power of Attorney - Complaint not property..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Cheque - Dishonoured - Limitation - Limitation to file complaint is one month from accrual of cause of action - This being a special provision, the general provisions of S.468 Cr.P.C. regarding limitation not applicable. (Criminal Procedure Code, 1973, S.468)...........
