Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Non-executive Directors cannot be held liable u/s 138 of the Act, unless specific evidence proves their active involvement...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Non-executive director - Appellant was neither a signatory to dishonoured cheques nor was he actively involved in the financial decision making of company - Complaint does not contain any specific averments detailing how Appellant was responsible for dishonoured cheques - Role..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Defendant denied execution of promissory note and also denied his signature on promissory note - Comparison of admitted signatures of defendant with signature on promissory note shows that defendant signed on suit pronote and there is similarity in signatures - Evidence of plaintiff and..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, Indian Penal Code, 1860, Section 302, 34, 120B, Arms Act, 1959, Section 25, 27, 29 -- Bail - Contraband - Petitioner has already suffered sufficient incarceration of 1 year 4 months and 23 days - Similarly situated co-accused has already been granted..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Petitioners are Directors of company - However, cheque was issued under signature of Managing director - Vicarious liability would only be placed on persons who were responsible for conducting day to day business of Company - Since petitioners were never associated..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question was not issued by petitioner but by a third party - Since petitioner is not drawer of cheque, he cannot be held, liable u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - To prosecute a person u/s 138 of the Act, cheque must have been issued by accused for discharge, in whole or in part, of a legally enforceable debt and it must have been returned unpaid for want of funds...........
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...........
