Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Liability of Director - Company is not the drawer of dishonoured cheques - Dishonoured cheques drawn by one of the other directors from his own personal account - Held, petitioner although, being a director cannot be made liable to face criminal prosecution - As would be evident from bare..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Finding of civil court that cheques were issued towards legally enforceable debt and liability - Held, it is not open to Criminal Court to take different view...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Debt or liability - Accused took 150 grams of gold from complainant which he did not return - On pressure of police accused issued cheque towards payment of price of gold - Presumption of discharging of liability stands rebutted - Transaction with regard to gold is of civil nature - Police had no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature filing of complaint - Complaint not to be dismissed - It can await maturity or be returned to the complainant for filing later and mere presentation at an earlier date need not necessarily render the complaint liable to be dismissed or confer any right upon the accused to absolve himself from..........
Negotiable Instruments Act, 1881, Section 138 -- Insolvency proceedings - Dishonour of cheque - During pendency of insolvency proceedings accused is not absolved from criminal liability under S.138 even if the accused was declared insolvent - Protection given under Sections 29 and 31 of Provincial Insolvency Act is applicable to debtor in respect of civil detention and..........
Negotiable Instruments Act, 1881, Section 138 -- Contract in pursuance of which cheque issued in dispute - That dispute to be settled by Civil Court quite different from criminal liability - Offence u/s 138 relates only to the dishonour of cheque and negligence to pay the amount of the cheque upon a subsequent statutory notice...........
Criminal Procedure Code, 1973, Section 401 -- Penal Code, 1860 Sections 409/420 - Framing of charge - Order of the trial court set aside by Sessions Court - Accused according to prosecution collected the sale proceeds and instead of handing over to PTL he misappropriated the sale proceeds and gave them cheque which could not be met - Not a case of civil liability - Order..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Civil and criminal liability - It is open to the aggrieved party to resort to either of the two or both - Pendency of dispute before civil Court does not oust the jurisdiction of the Criminal Court to take cognizance of offence and issue process pursuant thereto...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Contention that dishonour of cheque is only a civil liability - Plea negated...........
