Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit - Non-obstante clause in S.145(1) of Act is self explanatory and over-rules the requirement of examination of complainant on solemn affirmation u/s 200 Cr.P.C. - Cognizance of complaint, therefore, can be taken without complying the mandate of S.200 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Condonation of delay and enquiry u/s 202 Cr.P.C. - Magistrate condoned delay without application of mind to the issue of delay nor delay condoned before issuance of summons - Non application of mind as to whether enquiry u/s 202 Cr.P.C. is required -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Accused residing outside jurisdiction of Court - Enquiry u/s 202 Cr.P.C. - Enquiry u/s 202 Cr.P.C. whether attracted even for offence u/s 138 NI Act - Question of law left open...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account of husband and wife - Cheque drawn by husband - Wife neither signed nor issued the cheque - Drawer of a cheque from a joint account of `Either or survivor' draws the cheque only for himself and the other drawer cannot be made liable for the offence u/s 138 of the Act - No liability can be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - If offence u/s 138 of act is committed bya company, constructive liability is created on the persons responsible for the conduct of business of company - However, liability u/s 141 of Act,arises on account of conduct, act or omission on the part of an officer and not merely on..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Accused Nos.2 & 3 are whole-time Director and Executive Director of company and they were in charge of day to day affairs of Company - There are specific averments in the complaint for issuance of summons against said accused persons - Complaint makes out a case against accused..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Vicarious liability - It is evident from record that present petitioner is director and share-holder of company and company runs business of giving software solutions to its customers - Apart from this, company..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Surety or guarantor are liable u/s 138 of Act in view of words "Any debt or other liability"...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - As per S.139 of the Act there is presumption in favour of holder of cheque - As per S.118 of the Act there is presumption relating to (a) Consideration; (b) Date; (c) Time of acceptance; (d) Time of transfer; (e) Order of endorsement; (f) As to stamps; (g) Holder is a holder in due course...........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Presumption relating to fact of dishonour of cheque - When bank slip is issued by bank with remarks "Insufficient funds" there is presumption relating to fact of dishonour of cheque...........
