Negotiable Instruments Act, 1881, Section 138 -- Notice - Issued to the Managing Director of the Company who signed the cheques - Held, there was no infirmity in the notice - High Court not justified in quashing the complaint on ground that notice was sent to the Managing Director at his office address since that could not mean that the notice was sent to the company..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Complaint against Directors, Chairman, Manager etc. with clear averment in the complaint that they were responsible for non payment of the amount after receipt of notice within statutory period - Complaint held, maintainable and not liable to be quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Partnership firm - Cheque dishonoured - Notice to the firm demanding payment - Petitioner who is a partner of the firm arrayed as an accused by virtue of the provision of S.141 of the Act - Contention that notice not given to the petitioner - Held, notice to the company is sufficient compliance of S.138 and no separate..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Partnership firm - Notice to company is sufficient compliance - No separate notice need be given to the partner of firm who issued the cheque which is subject matter of complaint, before initiating proceedings under the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque drawn by company - No notice as required given to company - Notice given to Director of the Company - Complaint under section 138 against company is not maintainable - However, it cannot be said that as complaint against company for want of notice is not maintainable as such complaint against Director is also not..........
Negotiable Instruments Act, 1881, Section 138 -- Cheque issued at `Pune' where the transaction took place - Cheque deposited for realisation at Pune where company had its sale office - Notice issued from Bombay where the company has its registered office - Court at Bombay within whose jurisdiction notice u/s 142 making demand for payment was made had jurisdiction to..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Company - Cheque issued by a Director of the Company on behalf of the Company - Cheque dishonoured - Notice demanding payment issued to the Director who issued the cheque - Notice not required to be issued to other directors of the Company...........
Negotiable Instruments Act, 1881, Section 138 -- Jurisdiction - Parties entered into hire purchase agreement at Chennai and post-dated cheques issued at Chennai - Drawee company having its Head Office at Calcutta - Notice demanding payment issued at Calcutta - Held, Calcutta Court has jurisdiction - Prosecution at Calcutta validly launched - Debtor should follow the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Notice issued to company - Company not made an accused - Complaint filed against directors only - Directors even if not alleged to be incharge of the business of the company and were responsible to the company for the conduct of the business of the company in the complaint then the same can well be supplied at..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Company - Cheque drawn by Company signed by Managing Director - Notice to Company is a must - Notice addressed to the Managing Director of the Company by name making demand for payment on dishonour of cheque - Held, in the absence of notice to the Company which had drawn the cheque offence under Section 138 is not..........
