Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Director, manager, secretary or other officer of company cannot be proceeded against per se by virtue of position they hold in company but can be proceeded against only when there is proof that offence u/s 138 of the Act was committed by company with their consent or connivance..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Every offence punishable under the Act is compoundable...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Petitioners settled dispute with complainant by making entire payment - Offence committed by petitioners u/s 138 of the Act thus, stand compounded - Petitioner No.2 acquitted of notice of accusation framed against him...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - No obligation on complainant to plead in the complaint as to matters within special knowledge of Company or directors or firm about specific role attributed to them in Company...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Corporate Insolvency Resolution Process issued against Company - Proceedings under the Act can not only be continued but also initiated against accused arraigned by virtue of S.141 of the Act, even after accused company is admitted to insolvency process...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Corporate Insolvency Resolution Process issued against Company - Imposition of moratorium and appointment of Interim Resolution Process only protects corporate entity that has filed for insolvency and not the private persons involved within it - Such private persons have been..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have voluntarily settled dispute between themselves - Once settlement is being effected, then in terms of S.147 of the Act and S.320 Cr.P.C, accused ought to be acquitted as offence stands compounded - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Joint trial - Two cases involving an offence u/s 138 of N.I. Act which are being prosecuted by two different complainants arising from separate causes of action cannot be tried together merely on the reason that accused person is the same in both the cases...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere dishonour of cheque does not construe an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compounding requires consent of complainant and Court cannot compel complainant to agree to it...........
