Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Company - Complaint by power of attorney holder - When attorney is totally unaware as to how when and why cheque was issued, he cannot prove execution merely on the basis of available record - Presumption will arise only when execution of cheque is proved - If complainants witness has no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - Power of attorney holder being an authorized representative of company, can file a complaint and give evidence but he must have either witnessed transaction or must possess direct knowledge of transaction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - A person who only became associated with company after transaction and who relies purely on records, cannot prove execution of cheque or transaction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - No specific averment in complaint that attorney holder witnessed the transaction as an agent of company or that he is having knowledge regarding transactions and execution of cheque - His proof affidavit shows that he became conversant with facts of case..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summons case - Discharge - Magistrate does not have power to discharge accused upon his appearance in Court in a summons trial case based upon complaint in general and particularly u/s 138 of the Act once cognizance has already been taken and process issued u/s 204 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Criminal liability can be fastened only on those who at the time of commission of offence were in charge of and were responsible for conduct of business of Company - This has to be averred as a fact as there is no deemed liability of a Director in such cases...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Complainant has specifically stated that A-2 is Managing Director of A-1/Company and he was in charge and responsible for day to day affairs of company and was managing business of company at the relevant time - A-2 is signatory to cheques and it was he who issued cheques in..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Condition to deposit compensation amount u/s 148 of the Act as a condition for appeal is generally mandatory emphasizing its status as a rule...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of compensation amount - Mere fact that petitioner is suffering from hypertension and chronic kidney diseases cannot be said to be a ground sufficient enough for carving out an exception from mandate contained in S.148 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 223 -- Dishonour of cheque - In a complaint filed u/s 138 of NI Act there is no need for Magistrate to issue summons to accused before taking cognizance...........
