Negotiable Instruments Act, 1881, Section 138 -- Company - Dishonour of cheque - Complaint by power of attorney holder - Particular person, whose statement was taken on oath, at the first instance is not required to represent the company till the end of the proceedings - There can be occasions when different person can represent the company - It is open to the company to..........
Negotiable Instruments Act, 1881, Section 138 -- Partnership firm - Son of deceased partner - Cannot be impleaded as an accused merely for the reason that he happens to be the son of deceased partner...........
Negotiable Instruments Act, 1881, Section 138 -- Holder in due course - Cheque payable to bearer - Respondent is deemed to be holder in due course of cheque - Has locus to file complaint on dishonour of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Default sentence - Accused to undergo two months SI on failure to pay compensation amount within two months - Such default sentence shall lapse at any time when the payment is made either before or after the default sentence starts running...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 68, 69 -- Dishonour of cheque - Compensation - In default to undergo imprisonment - Such default sentence shall lapse at any time when payment is made either before or after default sentence starts running...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt or liability - Cheque issued in discharge of liability arising out of an agreement void ab initio - Provision of S.138 of the Act is not attracted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal in default for non prosecution - Transfer of case from one Court to another Court - Reason for non appearance adequately explained - Technicalities should not block the road for justice - No prejudice to shall be caused to respondent in..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Denial of issuance of cheque - Held, once cheque is duly singed by accused, mere denial of issuing cheque is not sufficient to rebut the presumption available u/s 139 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused transacting business on behalf of company on commission basis - Accused purchasing potatoes from complainant on behalf of company - Accused issued cheque in discharge of debt of company - Held, accused is validly prosecution - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 385, 386 -- Dishonour of cheque - Conviction - Appeal - Admitted and notice ordered to be issued to the complainant - Non appearance of accused - Appeal cannot be dismissed for default - Appellate Court has to peruse the record and pass an order on merits...........
