Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Pleading as to liability of Director - Pleading of such requirement in notice - Held, averments in legal notice u/s 138 of the Act cannot be construed to be averments made in complaint - That apart, even averments made in legal notice, do not fulfill the requirement of law -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Pleading as to liability of a Director - In respect of whole time Directors, mere reproduction of words of S.141 of the Act would be sufficient...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Directions issued that in all cases where accused is a `Company', before issuing summons to the accused persons the trial Court/Magistrate shall direct complainant to produce a copy of Form No.32 and the annual Return filed by the Company in order to determine the persons, who..........
, Section 138 -- Dishonour of two cheques - Summoning order against accused passed qua one cheque - Complainant moved an application praying that cognizance be taken in respect of other cheque as well - However, since complainant himself withdrawn the application, cognizance of offence upon second cheque rendered infructuous and is dismissed as such...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Existence of legally enforceable debt - Appellant drawn demand draft favoring Executive Engineer, PWD and on basis of which contract awarded to `D' - Nothing on record to show that the amount came to respondent No.1 or for his benefit, although a case is made out by appellant..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert to prove that cheque does not bear signature of accused and that contents of cheque have not been filled by him - Permission granted to petitioner to examine private handwriting expert at his own cost - Application allowed...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Cheating - Dismissal of complaint by closing evidence of complainant - Not even a single effective opportunity afforded to complainant to lead evidence - Order dismissing compliant set aside - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties - Accused deposited compounding charges i.e 15% of total amount - No useful purpose would be served by keeping proceedings alive - Permission to compound offence granted - Conviction and sentence of accused set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties resolved their dispute amicably and petitioner paid the agreed amount - Respondent has no objection if petitioner is acquitted - Impugned order of conviction, set aside - However, petitioner shall deposit 15% of cheque amount before District Legal Services Authority..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Petitioners No.1 and 2 not signatory of cheque - Petitioners No.1 and 2 cannot be prosecuted u/s 138 of the Act...........
