Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Mere fact that appellants attended board meetings does not suffice to impose financial liability on appellants, as such attendance does not automatically translate into control over financial operations...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Cheques neither issued nor signed by appellants, nor they had any role in their execution - No material on record that they were responsible for issuance of cheques in question - Their involvement in the company's affairs was purely non-executive, confined to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques issued by petitioner to discharge immoral debt created by her son is not enforceable under law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques issued by petitioner to complainant is to clear the amount illegally accepted by his son for arranging a seat in Medial College for son of complainant - Son of complainant has also participated in the illegal act and even complainant herself is a party to immoral and illegal transaction made..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Acknowledgment of loan by petitioner is well proved - Even issuance of cheque has not been challenged - Neither receipt of legal notice has been denied, nor was legal notice replied back by petitioner - Minor contradictions in deposition of PWs are inconsequential - Even mentioning of..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendant not disputed the fact that cheque stands issued by him which bears his signatures, in order to pay back Rs.10 lacs to plaintiff - Vague plea is raised by defendant that such cheque was issued to defendant No.2 - However, no corroborative material has been placed on..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Re-examination of complainant - Complainant had been cross-examined at length and petitioner had been afforded sufficient opportunities to lead his evidence - Petitioner had failed to establish as to how re-examination of complainant was going to the root of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Trial Court while acquitting the accused has considered each and every aspect of the matter and also considered the evidence produced before it in its right perspective - There are major contradictions, omissions and improvements in the statement of witnesses - Prosecution has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - If order of conviction passed by Magistrate, an appeal shall lie to Sessions Court...........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit 20% of cheque amount - Appellate Court failed to consider whether case falls under an exception or not to impose conditions as prescribed u/s 148 of N.I. Act - Impugned order set aside - Application u/s 389..........
