Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - `Drawer' - Authorised signatory - Not a drawer of cheque...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Provision of S.141 of the Act establishes vicarious liability for officers of the company, such as signatories of the cheque, managing directors, or those in charge of its affairs, by legal fiction - Drawer of cheque remains primarily liable - S.141 broadens liability to..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Primary liability for an offence u/s 138 of the Act lies with the Company, and the Company's management is vicariously liable only under specific conditions provided in S.141 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of writing on cheque - Accused admitted his signatures but contended that he has not filled up the cheque - Accused did not reply to the statutory notice - Accused attempted to protract the proceedings - Order directing to send the disputed cheque for examination to FSL set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence u/s 138 of the Act can be compounded u/s 147 of the Act, at any stage of proceedings...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence u/s 138 of the Act can be compounded u/s 147 of the Act only with the consent of complainant...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Compounding - Absence of consent of complainant - Merely because Supreme Court quashed proceedings by invocation of power u/art 142 of Constitution, cannot be a reason for compounding an offence u/s 138 of N.I Act invoking power u/s 482 Cr.P.C and power..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused deposited cheque amount of Rs.6,50,000 along with 12% simple interest p.a from the date of cheque till date of actual payment besides a sum of Rs.1 lakh payable additionally - There is thus, no point in restoring the proceedings - Despite lack of consent of complainant, it is a fit case to..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Defendant denied the execution of promissory note and plea taken that it was forged - Plaintiff discharged his burden by examining one of attestor in the pronote as PW2 and examining scribe of pronote as PW3 - Court compared the signatures on pronote with signature of defendant on suit summons and came to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Magistrate imposed the sentence of double the cheque amount without assigning any reasons - Even, first appellate Court has not assigned any reason to confirm the sentence imposed by Magistrate - Ends of justice would be met if fine amount is reduced from Rs.3,00,000 to a sum of..........
