Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent through registered post - Notice received back with postal endorsement 'Unclaimed' - Held, presumption is of due notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Sufficient money to honour the cheque was not in the account - Accused is liable under the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Being Director of the company a Director is not jointly and severally liable for the acts of the company - No averment in complaint that at the time when offence was committed accused No.2 to 7 were incharge and were responsible to the company for the conduct of the business..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint dismissed on lack of proper authorisation to file complaint - Finding given that it was a legally enforceable debt - Appeal against - Accused is entitled to assail finding in absence of any appeal or revision filed by him - Finding as to legally enforceable debt upheld - Finding on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Resolution of Board of Directors of Company authorising two Directors of company to issue and honour cheques drawn on behalf of company - No ground to quash proceedings against signatories - As regards Chairman except mentioning that he is Chairman nothing else stated either in the complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in favour of `Self' - Cheque issued by accused to complainant for liability of debt due on him - Cheque shows that it was bearer also as the words `or bearer' not cut by accused - Respondent became holder of cheque in due course - Contention that cheque was not drawn for any specific..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - In reply to notice offer made to make payment by giving other cheques - It is a conditional offer - Cannot be said that drawer was ready and willing to make the payment - Complaint cannot be quashed on this ground - Plea to be raised during trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Non mention in complaint as to reply given to statutory notice - Complaint cannot be quashed on this ground...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Offence u/s 138 of the Act is committed...........
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22 -- Dishonour of cheque - Company declared sick by BIFR - Held, S.22 of SICA does not create any legal impediment for instituting and proceeding with a criminal case u/s 138 of the Act - Summoning order upheld...........
