Negotiable Instruments Act, 1881, Section 138 -- Complaint - Company - Authorisation - Complaint filed on 24.9.1997 - Resolution giving authorisation to Manager passed on 17.11.1997 i.e. after filing the complaint - There is no distinction between civil and criminal law as far as authorisation or power of attorney is concerned - Authorisation given by complainant in favour..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - `Refusal to receive notice' - Amounts to proper and valid service...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Complaint sought to be quashed on the ground that payment had already been made to drawee through Bank Drafts before the bouncing of cheques and drawee was called upon not to present the cheques - Held, these are questions of fact - Complaint on this ground cannot be quashed -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Accused ordered to be put on trial - Nothing in preliminary evidence to show as to when information from Bank as to dishonour of cheque received and the date when the cheque was presented to the payee bank - Trial Court dismissed the complaint - No bank..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - If tender of the notice by the postman at the address of the accused is proved, and it is established that the notice could not be personally served due to wilful default or deliberate evasion of the accused, then the same may constitute 'receipt of notice'...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Notice - Not personally served on the accused - Postal endorsement that addressee not available - It is purely a question of fact which can be investigated during the trial of the case as to whether the notice was actually taken by the Postal department to the accused and they..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 378 -- Dishonour of cheque - Complaint registered and process issued - On complainant's absence Court dismissed complaint and discharged the accused - Order passed by Magistrate must be construed as order of acquittal under S.256(1) and not of discharge - In such case remedy is to..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Received back with postal endorsement 'Not claimed, Returned to sender' - No ground to quash proceedings u/s 482 Cr.P.C. on the ground that there was no service of notice - What is the purport of endorsement made on the letter are questions of fact which have to be gone into during trial...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 471 -- Company - Managing Director of the Company convicted under S.138 of Negotiable Instruments Act - A case under Ss.420, 471, 467 IPC also registered against the Managing Director and two Directors of the accused company on the ground..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Received back with endorsement 'addressee out of station - door locked for 7 days' - There is presumption of deemed service of notice...........
