Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - An allegation in the complaint that the named accused are Directors of the company itself would usher in the element of their acting for and on behalf of the company and of their being in charge of the company...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - A person in the commercial world having a transaction with a company is entitled to presume that the Directors of the company are in charge of the affairs of the company - If any restrictions on their powers are placed by the memorandum or articles of the company, it is for the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Resigned before cheques were issued - However, From No.32 was filed with the Registrar of Companies much after the cheques were issued - Held, the effect of delayed presentation before the Registrar of companies can only be decided after parties lead evidence - Order quashing..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Directors of a Company which include partners of a firm are deemed to have committed an offence along with the Company if they are in-charge of the affairs of the Company and responsible to it...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Absence of averments in terms of S.141 of the Act - Complaint can be quashed against only those of the accused against whom averment in terms of S.141 of the Act is required and not the entire complaint...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Personal appearance of accused already exempted - His statement u/s 313 Cr.P.C. can be recorded by giving questionnaire to his advocate without insisting on his personal appearance...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Accused summoned - Magistrate cannot review its own order - Issuance of notice averred in complaint - Notice whether sent as required by law or not is a matter of evidence to be considered at appropriate stage - By impugned order Court has decided the issue itself and has held that no notice was issued -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint dismissed in default - Applicability of S.256 Cr.P.C. - Held, provision of S.256 Cr.P.C. is applicable to complaint filed u/s 138 NI Act - Magistrate is required to apply its mind whether it would be fair and proper to adjourn the matter - In this..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Necessary ingredients of the offence are : (1) a cheque was issued; (ii) the same was presented; (iii) it was dishonoured; (iv) a notice was served on the person sought to be made liable and; (v) despite service of notice, neither any payment was made nor other obligations, if any, were complied with..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Presumption of service of notice - Presumption arises when notice is sent by registered post - Even when a notice is received back with an endorsement that the party has refused to accept, still then a presumption can be raised as regards the valid service of notice...........
