Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused took the defence that five cheques were issued to father of complainant and father of complainant filed a case through his son - However, stand taken by accused and also in the cross-examination of PW1 that there was seven cheques issued to father of complainant as a security..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere filing of civil suit for recovery is not a bar for initiation of proceedings u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Complaint filed prior to introduction of S.143-A of the Act - Since application of S.143-A of the Act was held to be prospective in nature, trial Court committed error in directing payment of interim compensation - Order of interim compensation quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint liability - S.138 of the Act does not speak about joint liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint liability - A person other than the person who has drawn the cheque on an account maintained by him, cannot be prosecuted for the offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Sole proprietorship firm cannot be brought within ambit of S.141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Sole proprietorship firm - Vicarious liability cannot be attached on the employees of sole proprietorship concern vide S.141 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sole proprietorship firm - Only the proprietor is liable u/s 138 of the act as proprietorship concern and proprietor are one and the same...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Sole proprietorship firm - Vicarious liability - It is the proprietor who is liable u/s 138 of the Act - A2 an authorised signatory cannot be held vicariously liable - Proceedings qua him quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Cheque issued for discharge of loan advanced to Company for its business purpose - Accused had stood guarantee for loan advanced - She cannot deny knowledge of borrowing or issuance of cheque just because she Is not signatory of cheque - Averments in complaint shows..........
