Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - While deciding the prayer made u/s 143-A of the Act, Court must record brief reasons indicating consideration of all relevant factors...........
Negotiable Instruments Act, 1881, Section 138, 143A, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Interim compensation - Recovery of - Recourse can be taken to S.421 Cr.P.C for recovery of interim compensation - For recovery of interim compensation, immovable or movable property of accused can be sold by Collector...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question dishonoured on account of insufficient funds - No evidence has been produced by accused that he does not have any account in bank on which cheque in question had been drawn - Testimony of complainant has not been shattered/diluted during cross-examination - Defence raised by accused..........
Negotiable Instruments Act, 1881, Section 138, 141, Insolvency and Bankruptcy Code, 2016, Section 14 -- Dishonour of cheque - Offence by Company - Mere declaration of Moratorium u/s 14 of Code does not lead to lapse of proceedings u/s 138 of N.I. Act...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by Company - Offence punishable u/s 138 of N.I Act is complete on the day the accused/company and the Directors who were incharge of the affairs of company fail to make the payment in response to statutory notice...........
Negotiable Instruments Act, 1881, Section 138, 141, Insolvency and Bankruptcy Code, 2016, Section 14, 96 -- Dishonour of cheque - Offence by Company - Director being personally liable u/s 142 of the N.I. Act cannot claim protection under the 2016 Code - Neither S.14 nor S.96 of Code will come to their rescue...........
Negotiable Instruments Act, 1881, Section 138, 141, Insolvency and Bankruptcy Code, 2016, Section 14, 96 -- Dishonour of cheque - Offence by Company - Proceedings u/s 138 of the Act do not fall within the ambit of expression `proceedings' as contemplated u/s 14 as well as S.96 of Code, the same being criminal proceedings and not recovery proceedings...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Resignation - Perusal of Form No.DIR-32 reveals acceptance of resignation before issuance of cheque - Form No.DIR-32 are public documents, free from suspicion and can be relied upon even at the prima facie stage - Proceedings qua petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Signature on cheque not disputed - It attracts presumption - However, said presumption is rebuttable on preponderance of probabilities...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Accused in order to prove his defence and to demonstrate that complainant in a particular case did not have the financial capacity, can produce independent witness on his behalf or can demonstrate the same pointing to any lacuna in the material..........
