Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - Complaint against proprietor without impleading firm as party - Complaint is maintainable as proprietor himself is liable to pay amount of cheque as accused and complainant were having business transaction and cheque issued by accused (proprietor of firm) is in furtherance of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Issuance of process - Prima facie role of petitioner established on record and Magistrate issued process, as there is sufficient ground to proceed with case - Actual involvement of petitioner can only be ascertained after taking evidence and not at this early stage - There is no reason for..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint u/s 138 of the Act - Offence by company - Drawee expected only to know who are i, charge of affairs of company - Moreover, it is not reasonably expected from drawee to know whether individual who signed cheque was instructed to do so or whether he was deprived of such authority -..........
Negotiable Instruments Act, 1881, Section 138, 139, 141, 142 -- Dishonour of cheque - Complaint by power of attorney holder - Power of attorney filing complaint u/s 138 of the Act and deposing on behalf of payee must have personal knowledge of transaction in question...........
Negotiable Instruments Act, 1881, Section 138, 141, 142, 145 -- Dishonour of cheque - Complaint by power of attorney holder - Offence by company - Power of attorney holder gave evidence on affidavit u/s 145 of the Act by mentioning in verification clause that all facts stated in affidavit are true to his knowledge - However, cross-examination of CW1 reveals that he does no..........
Negotiable Instruments Act, 1881, Section 138, 139, 141, 118(a) -- Dishonour of cheque - Complaint u/s 138 of the Act - Offence by company - Blank cheque - As per accused, he signed blank cheques by way of security - As per complainant, cheques issued towards payment of outstanding dues - Onus lies on complainant to prove that amount quantified in cheque is existing..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Managing Director or Joint Managing Director - There is no need of specific averment in complaint that they are in charge and responsible for the conduct of business of the company as they by virtue of the office they hold are in charge and responsible for the conduct of business of the company and..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Legal principles applicable to Managing Director of a company apply with equal vigour in case of Managing partner of a partnership firm...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Firm and Managing Partner arrayed as accused - Non inclusion of two more partners who are alleged to be responsible and in charge of business of the partnership firm at the time of committing the offence - Held, no, inclusion of other partners as accused would not lead to the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - It is necessary for Courts to ensure strict compliance of statutory requirements as well as settled principles of law before making a person vicariously liable...........
