Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal in default - A party should not suffer because of the negligence on the part of his counsel - Order of dismissal set aside...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - Mere intimation of dishonour of cheque is not sufficient compliance with S.138(b) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - In the absence of incriminating circumstances, a Director of a company cannot be deemed to be in-charge of and responsible to the company for the conduct of its day-to-day business...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Not a signatory to the cheque - To fasten the liability on the Director of a Company for offence u/s 138 of the Act, it is necessary to see the averments contained in the complaint qua that director...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Specific role not assigned to the petitioner to indicate that he was engaged in the day-to-day affairs and management of the company - Complaint quashed qua petitioner...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signature on cheque not disputed - Presumption is that such signature has been assigned only after knowing the contents...........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4(1) -- Dishonour of cheque - Conviction - Accused cannot be released on probation under Probation of Offenders Act...........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 11(2), Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction - Accused released on probation - Revision at instance of complaint who could have challenged impugned order by way of an appeal u/s 11(2) of Probation Act is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction - Accused released on probation - Revision against - When records of a case are called for by High Court not on its own motion but at instance of a party to the proceedings, it is open to High Court to exercise power of suo motu revision...........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4, 3, 6(2) -- Dishonour of cheque - Conviction - Release of accused on probation - Held, before deciding to release offender u/s 4(1) of the Act, Court is bound to call for report of Probation Officer...........
