Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(2) -- Dishonour of cheque - Fine and compensation - Distinction between sub-sections (1) and (3) of S.357 Cr.P.C. - Magistrate cannot award compensation in addition to fine - Compensation cannot be recovered forthwith unless period of appeal expires - There is no reason as to why the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Chairman or Director - Pleading - There must be an averment that the person who is vicariously liable for commission of the offence of the Company both was incharge of and was responsible for the conduct of the business of the Company - Such requirement must be read conjointly and not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Directors - Pleading - As a result of fall out of non payment negotiations were held between parties wherein Respondent Nos.2 and 3 took part - Held, there is no doubt that ingredients of S.141 of the Act stand satisfied...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 200, 190 -- Dishonour of cheque - Summoning order - Recall of order - Magistrate has no jurisdiction to recall the summoning order - A Magistrate does not have and, thus, cannot exercise any inherent jurisdiction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Summary trial - Provision of S.256 Cr.P.C. applies - Non appearance of complainant on date fixed for appearance of accused - Magistrate has no option but to acquit accused unless he chooses to adjourn the proceeding to some other date...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 378(4), 401(4) -- Dishonour of cheque - Complaint - Non appearance of complainant on date fixed for appearance of accused - Accused acquitted - Complainant had right to file special leave to appeal to High Court u/s 378(4) - No appeal filed - Revision is not maintainable before..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship concern - An employee of a proprietorship concern cannot be proceeded against u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Vicarious liability - Complaint must contain requisite averments to bring about a case within the purview of S.141 of the Act so as to make some persons other than company vicariously liable therefor...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Material alteration - Blank cheques issued and later they were filled - Fact that column relating to payee filled up later but the same does not amount to material alteration...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan account number mentioned as against the payee in the cheque - Amount to be adjusted from current account to loan account - It is an in-house transaction - Only inference to be drawn is that payee is the complainant bank only...........
