Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Prosecution of Deputy General Manager - He is not responsible to the company for the conduct of the business of the company - He cannot be made vicariously liable u/s 141(1) of the Act - For making him liable u/s 141(2) the necessary averments are required to be made...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 8, 21 NDPS Act - Recovery of 300 gm. of smack - FSL report of 31.25% of heroin i.e. actual weight of heroin coming to 93.75 gm. which is below commercial quantity - No criminal history of accused - Accused in jail for more than one year -..........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Memo of dishonour - If a memo, bearing official mark denoting reason of dishonour is produced, Court is bound to presume that the cheque has been dishonoured for the reason stated in the memo...........
Negotiable Instruments Act, 1881, Section 138, Banker's Books Evidence Act, 1891, Section 4, 2(3) -- Dishonour of cheque - Memo of dishonour - Mode of proof and evidentiary value attached to certain document u/s 4 of Bankers Books Evidence Act is not available to a memo of dishonour...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of Rs.90, 000/- whereas cheque amount was Rs.60, 000/- - Demand was not of cheque amount - Demand not made in terms of mandate of Act - Notice drafted by the Advocate - But Advocate not examined as witness to prove the contents of the said notice - Held, acquittal of accused proper...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Cheque in question pertains to account maintained by petitioner in her bank - Cheque contains her signature - Said cheque when presented for encashment was returned unpaid with a dishonour note "funds insufficient" - Statutory notice was also given within time prescribed by..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 417, Criminal Procedure Code, 1973, Section 216 -- Revision against conviction u/s 417 IPC - Offence found to be committed u/s 138 Negotiable Instruments Act - Offence u/s 417 IPC altered and accused held guilty u/s 138 NI Act - Keeping in view the long continuation of proceedings accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Account closed - Cheque comes within the sweep of S.138 NI Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - Not a company - Wife proprietor of firm - Husband as authorized signatory of wife issued the cheque - Husband cannot be prosecuted as a person responsible for the conduct of the business of the proprietary concern run by the wife...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by authorized signatory - Held, prosecution cannot be maintained against such mandate holders/authorized signatories...........
