Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - College cannot be equated to a Company or a partnership firm in order to hold Principal of college, who is authorised signatory of cheque, vicariously liable on behalf of collage...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Concept of vicarious liability as contemplated u/s 141 of the Act, cannot be imported in cases which does not fall within ambit of Company or a partnership Firm...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by A-1/principal of college, in the capacity of authorised signatory - A-1 did not give the cheque in his individual capacity towards the debt or liability that was owned by A-1 towards the complainant - Liability in question was only liability of college and its management and not of A-1..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A-2 was the Managing Trustee of college and based on agreement entered into complainant had undertaken the construction activity and as a result an amount became payable to complainant - A-2 having been shown as managing trustee must be held responsible for settling debt/liability incurred to..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signature - Application for comparison of signatures at the instance of accused when case is fixed for complainants evidence is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - In such proceedings, personal appearance of accused should ordinarily not be insisted upon, if application is moved for a particular hearing, unless the trial court needs to either examine the under-trial or his statement is to be otherwise recorded for..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Company has not been made accused separately - However, cheque in question is signed by Directors of Company and name of Company has also been mentioned in the complaint just below the name of Director - Directors are running the company and taking part actively in the affairs..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act is maintainable even though civil suit for recovery is instituted on the same cause of action...........
Negotiable Instruments Act, 1881, Section 138, 143A, 148 -- Dishonour of cheque - Drawer of cheque - Term `drawer' referred to in Ss.148, 143-A of the Act means `drawer of the cheque concerned'...........
Negotiable Instruments Act, 1881, Section 138, 143A, 148 -- Dishonour of cheque - Offence by Company - Signatory of cheque authorized by Company is not a `drawer of the cheque' u/s 148 of the Act, so as to empower the Appellate Court, in an appeal against conviction for an offence u/s 138 of the Act, to direct to deposit compensation of any sum u/s 148(1) of the Act...........
