Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Cheque in question pertains to account maintained by petitioner in her bank - Cheque contains her signature - Said cheque when presented for encashment was returned unpaid with a dishonour note "funds insufficient" - Statutory notice was also given within time prescribed by..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 417, Criminal Procedure Code, 1973, Section 216 -- Revision against conviction u/s 417 IPC - Offence found to be committed u/s 138 Negotiable Instruments Act - Offence u/s 417 IPC altered and accused held guilty u/s 138 NI Act - Keeping in view the long continuation of proceedings accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Account closed - Cheque comes within the sweep of S.138 NI Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - Not a company - Wife proprietor of firm - Husband as authorized signatory of wife issued the cheque - Husband cannot be prosecuted as a person responsible for the conduct of the business of the proprietary concern run by the wife...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by authorized signatory - Held, prosecution cannot be maintained against such mandate holders/authorized signatories...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque signed by husband as authorized agent of wife - Cheque drawn on an account maintained by wife in the name of proprietary concern run by her - Held, husband cannot be held guilty for dishonor of cheque - To fasten liability under Section 138 of the Act, cheque must be issued by a person who has..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability of director - Held, to make a director of a company vicariously liable for the acts of company, it is obligatory on the part of complainant to make specific allegation as are required in law - In the instant case, apart from company, three directors..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - No notice was admittedly sent to petitioner/director before filing complaint u/s 138 of NI Act - Complaint liable to be quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - As per averments in complaint, statutory notice and examination of complainant, cheque was issued by petitioners in discharge of alleged debt or liability - Complaint cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Application for examination of signatures on disputed cheque by handwriting expert filed by accused at stage of examination by defence - Cheque was returned by Bank for `insufficient funds' and not on ground `difference in signature' - Held, application filed at belated stage - Magistrate himself can..........
