Negotiable Instruments Act, 1881, Section 141, 138 -- Company - Managing Director - Normally a Managing Director is supposed to be incharge of managing the Company and would obviously be responsible to the Company...........
Negotiable Instruments Act, 1881, Section 141, 138 -- Company - Managing Director - Absence of an averment in the complaint that the Managing Director is in-charge and responsible to the Company - Accused described as Managing Director of the Company and the agreement, which is the basis for the liability for payment of money on the part of the accused, describes him as..........
Negotiable Instruments Act, 1881, Section 138 -- Legal Representatives cannot be prosecuted for offence committed by deceased drawer under S.138 of the Act - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Notice - Should be sent to the drawer of the cheque and not to all the persons who can be deemed to be liable apart from the drawer of the cheque by virtue of the provision in S.141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Cheque - Dishonoured - Company - Person in-charge of Company - Whether the person in question was really in-charge of the affairs of the company and was responsible to the affairs of the Company or not, and as to what functions he was assigned in the affairs of the Company and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Limitation - Starting point - The period of one month for filing the complaint has to be reckoned from the date immediately following the date on which the period of 15 days from the date of receipt of the notice by the drawer expired...........
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 3(1)(o) -- Cheque issued by Company - Dishonoured - Complaint filed and summoning order issued - Later on Company declared sick under Sick Industrial Companies Act - Held, it does not affect the proceedings - No ground to quash the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Proviso (c) - Notice - Date of receipt - To be clearly made out as without this it is not possible to reckon period of 15 days - Before an order summoning an accused person is passed by the Magistrate, it has to be made out by the complainant that the drawer has failed to make the payment to him within fifteen days of the..........
Negotiable Instruments Act, 1881, Section 138 -- `Stop payment' - Notice sent not to present cheques for encashment - Inspite of it cheques presented for collection - Cheques returned as instructions were given to bank to `stop payment' - Amounts to dishonour of cheque within meaning of Section 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Directors - Except for the bald statement that they are Directors, there is no evidence to show that at the time of commission of offence they were incharge of and were responsible to the company for the conduct of the business of the company - Held, complaint against such Directors quashed...........
