Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Prosecution of a partner of a firm - Partner alleged to be active in the business of the firm - It cannot be said that ingredients of S.141 of the Act are lacking - Such partner can prove at trial that he was not responsible for conduct of business of the firm and therefore, not..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Proprietorship concern - In a criminal complaint u/s.138 of NI Act it is permissible to lodge the complaint in the name of the proprietary concern itself...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Proprietorship concern - Complaint u/s.138 of the Act - Complaint can by filed (i) by the proprietor of the proprietary concern, describing himself as the sole proprietor of the `payee'; (ii) The proprietary concern, describing itself as a sole proprietary concern, represented by its sole..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Proprietorship concern - Complaint u/s 138 of the Act - Complaint can be filing by describing viz. (1) ABC, sole proprietor of M/s XYZ or (2) M/s XYZ, a sole proprietary concern represented by its proprietor ABC or (3) ABC, sole proprietor of M/s XYZ represented by his Attorney Holder DEF or (4)..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Power of Attorney holder can initiate criminal proceedings on behalf of his Principal...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Proprietorship concern - Power of Attorney holder - Complaint filed by proprietorship firm through power of attorney holder - Complaint signed by power of attorney holder and not by proprietor - Held, complaint is duly filed by the payee...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Proprietorship concerned - Power of attorney holder - Sworn statement of attorney holder - Power of attorney holder can be examined as the complainant when he is personally aware of the transactions, and the complaint is signed by the attorney holder on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Difference of amount in words and figures - Cheque not invalid - Amount stated in words shall be the amount undertaken or ordered to be paid...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of Rs.75, 000/- whereas as per cheque respondent is liable to pay only Rs.70, 000/- - Held, same not fatal to the case of complainant...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Mere denial of case of complainant does not amount to rebuttal of presumption - Accused failing to prove that as on date of dishonour of cheque he had sufficient amount in his account and that cheque has been dishonoured for reason other than want of sufficient funds - Held, it cannot..........
