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..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence at the belated stage - Parties have resolved their dispute amicably and complainant does not wish to continue the proceedings - However, since dispute is been resolved after long lapse of time and precious time of Courts have been spent by parties, it is deemed appropriate to..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Jurisdiction - If cheque is delivered for collection at a branch other than where payee or holder in due course maintains an account, branch of Bank where payee or holder in due course maintains the account shall be treated as branch of Bank for the purpose of S.142(2)(a) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Jurisdiction - Complainant maintains his account at `A' Branch - He has no account at `T' Branch - Even though complainant delivered the cheque for collection at `T' Branch of same Bank, by virtue of deeming provisions contained in S.142(2) Explanation of the Act, `A' Branch of the bank has..........
