Negotiable Instruments Act, 1881, Section 138, 141(2), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Cheques signed by petitioner/Director on behalf of company - No vicarious liability can arise against Director in absence of Company being arrayed as an accused - Complaint against petitioner/director not maintainable - Proceedings..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque procured almost by way of extortion and was not given towards any legally enforceable liability - Acquittal calls for no interference...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Return of unsold goods - No receipt of these good obtained by complainant - It is also improbable that water purifiers worth Rs.1,45,700/- would be transported in dicky of the car and there is also serious dispute about date on which goods were returned to accused - It is not clear that disputed cheques..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Irrespective of complaint proceedings u/s 138 of the Act creditor has right to institute civil suit for recovery of his debt and same is recoverable only if it is a legally enforceable debt or other liability...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - If no offence is made out against accused/drawer company, then question of convicting individual directors and officials of that company on basis of vicarious liability u/s 141 of the Act does not arise...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability - Company officials concerned can be arrayed as accused in a complaint only if such person was in charge of and responsible for conduct of business of company at the time of offence was committed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Capacity to advance loan - No particulars have been given by complainant as to on which date, month or year the money was given on which this liability arose - Even, there is no document to show this transaction - Moreover, accused had not denied issuance of cheque rather..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Act does not define word `Dishonour' - However, title of S.138 of the Act lists insufficiency of funds one of the situations that could contribute to dishonour of cheque - Every debt or liability upon which cheque is issued is not enforceable under the Act...........
Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Complaint u/s 138 of the Act - Presumption - Strict liability - Can be enforced only when cheque is issued in discharge of any legally enforceable debt or other liability partly or wholly - Onus lies on complainant to establish that cheque was signed by drawer in discharge of `Legally Enforceable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Object - To inculcate faith in efficacy of banking operations and creditability in transacting `Business on Negotiable Instruments' - Moreover, dishonour of cheque is regulatory offence/civil liability which is created to serve public in ensuring reliability of instrument...........
