Negotiable Instruments Act, 1881, Section 138, Power of Attorney Act, 1882, Section 1A, 2 -- Dishonour of cheque - Complaint filed by power of attorney holder - Complaint does not contain any averment that power of attorney holder has knowledge of said transaction - Even, said averment is absent in affidavit tendered by power of attorney holder - Though, power of attorney..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Limitation - Complaint u/s 138 of the Act filed by power of attorney holder - Issue relating to date of receipt of notice is question of fact, which cannot be adjudicated in quashing petition - Plea of quashing complaint on ground of limitation is rejected...........
Negotiable Instruments Act, 1881, Section 138, Power of Attorney Act, 1882, Section 1A, 2 -- Dishonour of cheque - Complaint filed by power of attorney holder - Power of attorney not presented alongwith complaint - It is no ground to quash prosecution because it is always open to complainant to come to witness box and ratify acts of power agent...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - S.141 has application only if company has committed an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Cheque issued in discharge of personal liability of petitioner - Transaction alleged in the complaint is a transaction with the petitioner personally - Signatory of cheque is petitioner himself - Company concerned has no role to play in the transaction - Merely because rubber stamp of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter finally settled between parties and liability is discharged - Accused has already deposited 10% of cheque amount with Punjab State Legal Services Authority, in compliance of Court's order - Permission to compound offence u/s 138 of the Act granted - Conviction and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Procedure to be adopted - It is for the trial court to adopt the procedure, as contemplated under the provisions of the Code read with the provisions of N.I. Act while dealing with the case u/s 138 of N.I. Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonor of two cheques - Conviction - Concurrent running of sentences - Two complaints filed in respect of two loans advanced in the course of a series of transactions on the same terms and conditions - Both the complaints tried together and same sentences awarded in both the..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Complainant not ready and willing to compound the offence - Application u/s 147 of the Act rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - When complainant is not ready and willing to compound offence, it cannot be compounded as per provision of S.147 of the Act - Therefore, S.147 of the Act only permits compounding of offence but there is no such intention of Legislature to compel complainant to get offence..........
