Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Return of dishonoured cheques simpliciter does not create an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cause of action arises only when the amount remains unpaid even after the expiry of fifteen days from the date of receipt of demand notice...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Moratorium imposed u/s 14 of IBC - When notice was issued to appellant, he was not in charge of corporate debtor as he was suspended from his position as the director of corporate debtor as soon as IRP was appointed - All the bank accounts of corporate debtor were..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Company not arraigned as an accused - Complaint against Executive Director of company alone - Accused was not drawer of cheque in his personal capacity, but he was an agent of the corporate entity - In the absence of Company as party to proceedings, prosecution against..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Impleadment of additional accused - No additional accused can be impleaded subsequent to filing of a complaint once the limitation prescribed for taking of cognizance of offence u/s 142 of the Act has expired...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Trial Court u/s 138 of the Act is given discretion to impose sentence of imprisonment or fine or both...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - While imposing sentence u/s 138 of the Act, Court should exercise its discretion in imposing fine by having regard to S.357(3) Cr.P.C - Rather, criminal Court should bear in mind the object of Chapter XVII containing Ss.138 to 142 of the Act and give priority to compensatory aspect of remedy...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of fine - Magistrate has discretion to impose sentence of fine which may extend to double the amount of cheque and therefore, sentence of fine whenever imposed by criminal Court upon conviction of accused u/s 138 of the Act must be sufficiently enough to adequately compensate the complainant...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - While passing order u/s 148 of the Act, Court has to consider that condition of deposit of 20% will not be unjust but also, the fact whether imposing condition would amount to deprivation of right of appeal of appellant - For passing final order u/s 148 of the Act, Court can gather the required..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of cheque amount - It is not mandatory to impose condition to deposit 20% of compensation and Court has discretion to reduce or exempt in appropriate cases...........
