Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - Awarded and paid - A duty is cast upon civil courts to take into account the sum paid or recovered as compensation - Superior Courts can take into consideration such payments received even after passing of decree by trial Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Sleeping partner - No averment in complaint that petitioner is responsible for the conduct of business of the firm - Petitioner not signatory of cheque - Non compliance of S.141 of the Act - Compliant, summoning order and subsequent proceeds qua the petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Prosecution of a partner of a firm - Partner alleged to be active in the business of the firm - It cannot be said that ingredients of S.141 of the Act are lacking - Such partner can prove at trial that he was not responsible for conduct of business of the firm and therefore, not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Argument made on behalf of complainant, to the effect that cheque of Rs.8 lakhs was given as a one time settlement and that it was a settlement for amount of principal due along with interest - There would be no acknowledgment in so far as interest amount is concerned within a..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Proprietorship concern - In a criminal complaint u/s.138 of NI Act it is permissible to lodge the complaint in the name of the proprietary concern itself...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Proprietorship concern - Complaint u/s.138 of the Act - Complaint can by filed (i) by the proprietor of the proprietary concern, describing himself as the sole proprietor of the `payee'; (ii) The proprietary concern, describing itself as a sole proprietary concern, represented by its sole..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Proprietorship concern - Complaint u/s 138 of the Act - Complaint can be filing by describing viz. (1) ABC, sole proprietor of M/s XYZ or (2) M/s XYZ, a sole proprietary concern represented by its proprietor ABC or (3) ABC, sole proprietor of M/s XYZ represented by his Attorney Holder DEF or (4)..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Power of Attorney holder can initiate criminal proceedings on behalf of his Principal...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Proprietorship concern - Power of Attorney holder - Complaint filed by proprietorship firm through power of attorney holder - Complaint signed by power of attorney holder and not by proprietor - Held, complaint is duly filed by the payee...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Proprietorship concerned - Power of attorney holder - Sworn statement of attorney holder - Power of attorney holder can be examined as the complainant when he is personally aware of the transactions, and the complaint is signed by the attorney holder on..........
