Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Notice not given to petitioner who was one of the directors of the company - He had not either drawn or signed the cheque - He was merely a non-executive Director of the Company - He had resigned from the Board of Directors before issuance of the cheque - It was accused No.2 who was in..........
Negotiable Instruments Act, 1881, Section 138(b), 141 -- Company - Dishonour of cheque - Director - Notice of demand not sent to the petitioner who is one of the Directors - Process issued against petitioner deserves to be quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Prosecution of Directors of company - Directors who are not even remotely concerned with the issuance of cheque, who are not concerned with the day-to-day functioning of the company cannot be held responsible unless the active participation of the Director is substantiated in the complaint itself..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Notice issued to Company - Separate notice to Director or officer-in-charge of the affairs of the company is not required - Directors become liable to be prosecuted and punishable by virtue of S.141 of the Act which do not require separate notice...........
Negotiable Instruments Act, 1881, Section 138 -- Company - Cheque issued by company dishonoured - Prosecution against company and Managing Director who signed the cheque - Death of Managing Director - Another Director cannot be prosecuted in absence of an averment that the said director was also responsible for the conduct and business of the company - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Offence by company - Dishonour of cheque - Quashing of proceedings - Petition for - The accused petitioner resigned as Director of the first accused company of 04.10.1999 and he was no longer in the Board of the Company after that date either as Director or Chairman - Cheque which are dishonoured were issued on various..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Contention that A-5 was not the Director of the company by the date cheques were issued - It is a question of fact to be decided by trial Court after recording evidence...........
Negotiable Instruments Act, 1881 -- Ss.138 and 141 - Dishonour of cheque - Offence by company - Plea that the complaint not maintainable against the petitioners who are Executive Director and Managing Director of the company as the company not made accused repelled - Held that the prosecution of the Company is not sine qua non for prosecution of other persons...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Quashing of complaint - Plea that no notice was given to the petitioner as required under Section 138 proviso (b) and Special Power of Attorney was not authorized by the proprietor of the firm to institute complaint against him as he was sleeping Director repelled - The..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - 'Account operation jointly, other Director signature required' - Offence u/s 138 is made out...........
