Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Complaint filed by special power of attorney holder - Complaint is maintainable as company had authorised him to file complaint...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint against Managing Director and other directors - Said accused shown to be responsible for conduct of business of the company at relevant time - Complaint against them is maintainable - However, absence of averment against other directors that they were incharge of and were responsible for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint signed by power of attorney holder and not by payee - Power of attorney holder cannot be said to be either the payee or the holder in due course - Summoning order set aside...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint signed by power of attorney holder - Power of attorney holder is not payee or holder in due course - Summoning order set aside - Complaint remitted back - Trial Court to summon the payee and thereafter to pass appropriate orders after examining the payee u/s 200 Cr.P.C. - Since the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Plea that date of service of notice not mentioned in complaint - Notice sent by registered post - There is presumption of delivery of letter, properly addressed and sent by registered post unless contrary is proved - Held, there is no force in the contention of accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Presumption - Notice sent by registered post at a correct address - There is presumption of service of notice - Drawer can rebut this presumption by showing that he had no knowledge that notice was brought to his address or address mentioned in the cover was incorrect or the letter was never..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Where notice demanding payment was for sum over and above the total sum given in dishonoured cheques - Criminal complaint, liable to be quashed...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - During pendency of appeal filed against conviction parties compromised - Cheque amount alognwith damages deposited - Complainant having no objection for setting aside the conviction - Accused acquitted from all the charges...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent as per registered post - Received back with postal endorsement 'Left without address' - Accused in fact residing at the address given on envelope - Accused failing to explain that he was not available at his house - It is service of notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - 'Account closed' - Offence u/s 138 of the Act is committed when drawer closes the account before the cheque is presented...........
