Negotiable Instruments Act, 1881, Section 138, 141, State Financial Corporations Act, 1951, Section 27(3) -Proviso - Dishonour of cheque - Company - Directors - No categorical averment either in complaint or in the statement on oath that accused Nos.5 & 6 were incharge of or were responsible to the company for the conduct of business of company at the time, the offence was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques returned for revalidation of dates - Accused No.3 changed the dates of cheque and signed the same - Previously cheque was signed by two signatories on behalf of the company and later on after revalidation of dates it was signed by one of the Directors who was also one of the authorized signatory..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Cheque issued by Company - Summoning order - Challenged on the ground that it is not averred in the complaint as to in what manner accused was responsible for the conduct of business of the company - Also no specific overt act attributed to petitioner regarding his involvement in the commission of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compounding of offence - Complainant received the amount involved in the cheque - Complaint having no objection for quashing the proceedings - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - Complaint filed against proprietorship firm through its proprietor - Complaint is maintainable so long as the identification of human individual behind the curtain is possible without any mistake...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of Company, Chairman and Vice-President - Petition by Vice-President for quashing of proceedings - Specific plea in complaint that Vice-President negotiated with the complainant in respect of the transaction and held out assurances that liability would be cleared - It will be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal in default - Appellant not disclosed the nature of domestic work which detained the appellant from appearing in the Court - Nor the appellant disclosed where he had gone - In absence of any such averment made in the exemption application, the court..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - No instrument executed though a huge loan was advanced - Even no interest thereon charged - Earlier accused did not pay instalments in respect of the prized amount of chitties - Loan advanced inspite of the fact that three civil suits for recovery of money against accused were pending -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Repayment in cash without any receipt - Production of account books - Held, it is for the accused to prove that he had made payment in cash - Documents required to be produced are not at all relevant for deciding the controversy between the parties - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of account books - Can be ordered only when it is necessary or desirable for the purposes of the trial...........
