Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - To launch prosecution against Director of a Company there must be a specific allegation in the complaint as to the part played by him in the transaction - There should be clear and unambiguous allegation as to how the Director is incharge and responsible for the conduct of the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - In order to bring application of Section 138 the complaint must show: (1) That Cheque was issued; (2) The same was presented; (3) It was dishonored on presentation; (4) A notice in terms of the provisions was served on the person sought to be made liable; (5) Despite service of notice, neither any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Served upon wife of drawer - Not sufficient - Order of conviction set aside...........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Director - Ex. Director of Company arrayed as co-accused - Ex. Direction filed petition for quashing of proceedings - Petitioner had no connection with the company at the time of issuance of cheque and when it bounced - Petition allowed -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Power of attorney holder - Complaint is maintainable even when it is signed by the power of attorney holder and pre summoning evidence is filed in the form of affidavit of power of attorney holder...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Power of attorney holder - Words in deed 'application and petition' and 'compromise, compound or withdraw cases' - Held, wording is sufficient to hold that attorney can file a complaint u/s.138 of the NI Act even when deed does not specifically advert to a complaint u/s.138 of NI Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(1) -- Dishonour of cheque - Conviction - Compromise during pendency of appeal - Full and final payment made - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of criminal proceedings - Plea that petitioners on account of alleged payment of money to M/s.KMF stood discharged of his liability qua cheque issued by them which was issued under an agreement entered into between petitioner with complainant and had..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for non appearance of complainant - Evidence of prosecution was closed and accused was examined u/s 313 Cr.P.C. Held, learned Magistrate would have proceeded with disposal of case on merit...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Can be filed through holder of power of attorney - Such attorney can also be examined in place of complainant if he has personal knowledge of the transaction in question or the bills had been signed by him...........
