Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Complainant's statement-i, chief - Held, it could be on affidavit although it is open to call him for cross-examination in exercise of power u/sub-s.(2) of S.145 of NI Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time bared notice - Bank of appellant/complaint got intimation regarding dishonouring of cheque on 21.08.1998 - Notice of demand was dated 14.09.1998 - Held, it is long after the period prescribed u/proviso (b) to S.138 of N.I. Act - Irrespective of delay in transaction between agent(Bank) and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Petitioner/accused has admitted regarding issuance of cheque - He has also received notice issued by opposite party/complainant and within statutory period - He did not pay amount and had not taken any step to pay payment during trial also - He was also not able to substantiate..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Trust - Held, a Trust, either private or public/charitable or otherwise, is a juristic person who is liable for punishment for offence punishable u/s.138 of NI Act - Such a Trust, having either a single trustee or two or more trustees, is a company in terms of S.141 of NI Act - For..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Trust - Prosecution of trustees - Quashing of - Sufficient averments to the effect that petitioners (Accused No.3 to 9) being trustees of Trust (Company) were i, charge of running of Trust along with second accused and they all entered into a..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Directors - Quashing of proceedings - Respondent/complainant has not specified role of Directors in day-to-day affairs of company - Held, pleadings for proceeding against petitioners as an accused u/s.138 of the Act as..........
Negotiable Instruments Act, 1881, Section 138, 142, Constitution of India, 1950, Article 226, 227 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Jurisdiction to issue a writ - Held, it is co-extensive with territorial jurisdiction of High Court within whose jurisdiction subordinate Court takes cognizance of a complaint - Proceedings instituted within..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Winding up of company - Held, dishonour of cheques cannot be a ground for directing winding up of company...........
Negotiable Instruments Act, 1881, Section 138, 141, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Cheating - Offence by company - Liability of office bearers - Held, S.141 of N.I. Act does not absolve company from its liability, if cheating has been done by its office bearers at any point of time - But at same time, current office bearers are saved from any..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Filing of complaint - Held, S.142 of the Act does not lay down that complaint must be filed by payee personally - Complaint can be filed by payee himself or by holder-i, due course or holder of power-of-attorney...........
