Negotiable Instruments Act, 1881, Section 138, 141 -- Partnership firm - Prosecution of all the five partners of the firm - Petitioners had executed power of attorney in favour of one partner - Petitioners not vicariously liable - For holding a person vicariously liable for the offence committed by a Company or a firm it is the actual role played by such a person in the..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent at the address given by drawer himself - Notice received back with endorsement 'addressee not found' - Voters list produced by drawer by way of rebuttal evidence to prove that he was not residing at given address but elsewhere during relevant time - But neither the initials of the drawer nor the name of father..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Complaint under S.142 - Examination of the complainant is necessary - It is incumbent on the Magistrate taking cognizance on a complaint to examine upon oath the complainant and his witnesses present, if any, to satisfy himself as to the veracity of the complainant - Dispensation of taking sworn statement will be in..........
Negotiable Instruments Act, 1881, Section 138 -- Promissory note in favour of daughter who authorised father to collected the contents of the promissory note - Notice issued and thereafter accused issued cheques in the name of father for the amount claimed - Cheques bounced on presentation - Complaint - Contention that father is endorsee without consideration - But the..........
Negotiable Instruments Act, 1881, Section 138 -- Abuse of process of Court - Names of petitioners No.2 & 3 included in the complaint who had not issued cheque - Complaint quashed as cognizance was taken without application of mind...........
Negotiable Instruments Act, 1881, Section 138 -- `Any debt or other liability' - Complainant giving a debt of Rs.15 lacs to accused - Accused issued seven post dated cheques in discharge of debt - Dishonour of cheques - No criminal offence under S.138 is made out - Cheques were issued as collateral security by accused and not to discharge any existing debt - Case is of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 245, 482 -- Dishonour of cheque - Complaint - Not disclosing any offence - Accused can approach High Court for quashing of criminal proceedings at any stage when no offence is made out - High Court need not direct the parties to file proper application before Magistrate before discharge...........
Negotiable Instruments Act, 1881, Section 138 -- Branch Manager - Competent to file complaint - Cheque issued and given to the Branch Manager for encashment - He is the holder in due course - He presented the cheque for encashment on behalf of the principal company - Cheque dishonoured - Held, Branch Manager is competent to file the complaint even without there being any..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - If not prosecuted - Persons falling within the purview of sub-sections (1) and (2) of S.141 of the Act can still be prosecuted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - If not prosecuted - Directors can still be prosecuted - Payee can succeed only if he succeeds in showing that the offence was actually committed by the Company - In such a prosecution accused can show that the Company has not committed that offence, though such company is not made an accused - A finding that..........
