Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - No specific averment in complaint that attorney holder witnessed the transaction as an agent of company or that he is having knowledge regarding transactions and execution of cheque - His proof affidavit shows that he became conversant with facts of case..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summons case - Discharge - Magistrate does not have power to discharge accused upon his appearance in Court in a summons trial case based upon complaint in general and particularly u/s 138 of the Act once cognizance has already been taken and process issued u/s 204 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Criminal liability can be fastened only on those who at the time of commission of offence were in charge of and were responsible for conduct of business of Company - This has to be averred as a fact as there is no deemed liability of a Director in such cases...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Complainant has specifically stated that A-2 is Managing Director of A-1/Company and he was in charge and responsible for day to day affairs of company and was managing business of company at the relevant time - A-2 is signatory to cheques and it was he who issued cheques in..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Condition to deposit compensation amount u/s 148 of the Act as a condition for appeal is generally mandatory emphasizing its status as a rule...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of compensation amount - Mere fact that petitioner is suffering from hypertension and chronic kidney diseases cannot be said to be a ground sufficient enough for carving out an exception from mandate contained in S.148 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 223 -- Dishonour of cheque - In a complaint filed u/s 138 of NI Act there is no need for Magistrate to issue summons to accused before taking cognizance...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Proviso - Dishonour of cheque - Delay in filing complaint - Condonation of delay must precede the act of taking cognizance...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint allegations disclose that cheque was issued for discharge of liability - Ingredients of S.138 of N.I. Act are prima facie made out from complaint allegations - Order of quashing set aside - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings at threshold - Court is required to examine whether allegations made in complaint along with materials in support thereof make out a prima facie case to proceed against accused or not - In exceptional circumstances, Court may take..........
