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..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defective demand notice - Renders entire proceedings suffering from incurable illegality - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Issued in the name of a different person altogether - Defective demand notice renders entire proceedings suffering from incurable illegality - Proceedings quashed. (Pars 8 & 9)..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Condition to deposit 20% of compensation amount - Appellate Court in normal circumstances may be justified in imposing condition of deposit as provided u/s 148 of the Act and only in those cases where imposing the condition of deposit is unjust or which may deprive accused to pursue his appeal, an..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of five cheques - Presumption - Execution of agreement to transfer shop between complainant and accused - Said transaction was acted upon and its benefits were received by accused - Accused intentionally issued cheques in favour of complainant for legally enforceable liability as per an agreement which are..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When amount is borrowed giving a blank cheque as security for repayment, on default of repayment, holder of cheque gets authority to fill it up and to present it before bank...........
