Negotiable Instruments Act, 1881, Section 138 -- Company - Chairman - Summoning order against Chairman quashed as Chairman of a Company under Companies Act is not responsible for day to day business of the company nor it can be inferred as a person consented or connived in commission of offence merely because he is Chairman of the Company...........
Negotiable Instruments Act, 1881, Section S.138 -- Dishonour of cheque - Firm - Complaint or appeal by a person who is not proved to be a partner of the registered Company/firm is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque issued towards time barred debt - Cheque dishonoured - Accused is not liable...........
Negotiable Instruments Act, 1881, Section 138 -- Limitation Act, 1963, Section 19 - Dishonour of cheque - Appellant miserably failed to give any specific date, either in his complaint or in his examination-in-chief in respect of the last payment of installment or interest so as to bring his claim within time - He failed to show that the claim of the compiaint was not time..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint maintainability - Appeal - Complaint and appeal filed by `L* as Managing partner of the appellant Company - Despite objections by respondent he failed to prove that he was partner of the company which is stated to be registered - Held that criminal complaint or the appeal filed on behalf of a..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Discharge of accused - Summons case - Complaint under S.138 of N.I. Act filed by private party - It is not a case instituted otherwise than on complaint - Provisions of S.258 not attracted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Discharge of accused - Summons case - Complaint under S.138 of N.I. Act filed by private party - Accused raised defence at pre trial stage - Considering the defence Magistrate ordered stoppage of proceedings and issued show cause notice to complainant to pay..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Can be filed by power of attorney holder of payee - When a power of attorney holder has full knowledge of the transaction his statement can be recorded by Magistrate for verification of the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Can be filed by power of attorney holder - Power of attorney holder cannot depose on behalf of complainant - However, he can appear as a witness on behalf of complainant...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- `Alteration in date and drawer's signature differ' - Cheque dishonoured - Accused can show that alteration in date or signatures are made not because of insufficiency or paucity of funds - If accused shows that in his account there were sufficient funds to clear the amount of cheque at..........
