Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question was not issued by petitioner but by a third party - Since petitioner is not drawer of cheque, he cannot be held, liable u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - To prosecute a person u/s 138 of the Act, cheque must have been issued by accused for discharge, in whole or in part, of a legally enforceable debt and it must have been returned unpaid for want of funds...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Director who is in charge of Company and a Director who was responsible to Company for the conduct of business, are two different aspects - Both the ingredients of S.141(1) of the Act must be incorporated in the complaint...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Appellant is not a signatory to the Cheque - It is only the signatory to the cheque who is liable under S.138 of the Act unless case is brought within four corners of S.141 of the Act, no other person can be held liable...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - No assertion in the complaint that appellant at the time of commission of offence was in charge of business of Company - Appellant cannot be prosecuted with the aid of S.141(1) of the Act - Order taking cognizance against appellant quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Director who is in charge of Company and a Director who was responsible to Company for the conduct of business, are two different aspects - Both the ingredients of S.141(1) of the Act must be incorporated in the complaint...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Appellant is not a signatory to the Cheque - It is only the signatory to the cheque who is liable under S.138 of the Act unless case is brought within four corners of S.141 of the Act, no other person can be held liable...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - No assertion in the complaint that appellant at the time of commission of offence was in charge of business of Company - Appellant cannot be prosecuted with the aid of S.141(1) of the Act - Order taking cognizance against appellant quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - On ground of lack of territorial jurisdiction - Such ground cannot be considered in transfer petition - Petitioners are entitled to raise such contention before Magistrate who is empowered to return complaint to be presented to proper Court, if Magistrate is satisfied that Court..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 138 -- Dishonour of cheque - Closure of further cross-examination of accused - Earlier on three occasions, cross-examination of petitioner was done and simply because he failed to appear on next date, his further cross-examination has been closed - Closing further cross-examination would mean that..........
