Negotiable Instruments Act, 1881, Section 138, 141(2), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of director - Quashing of - Question as to whether petitioner is i, charge and responsible for the affairs of company - Held, it would be a matter of evidence - Said question cannot be decided by way of petition filed..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of directors - Quashing of - There is no specific, clear and unambiguous allegations as to how and in what manner petitioner was responsible for conduct of business - No specific role assigned to petitioner in respect of..........
Criminal Procedure Code, 1973, Section 482 -- Power of High Court u/s 482 Cr.P.C. - Scope of - Held, inherent powers vested in High Court u/s 482 of the Code are very wide - Nevertheless, inherent powers do not confer arbitrary jurisdiction on the High Court to act according to whims or caprice - This extra-ordinary power has to be exercised sparingly with circumspection..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Plea that petitioner is not the signatory of cheque - Held, this is a question of fact which is required to be examined by trial Court after recording evidence of parties - High Court in its jurisdiction u/s 482 of CrPC cannot examine..........
Negotiable Instruments Act, 1881, Section 138, 141, Indian Penal Code, 1860, Section 420, 406, 120B, 114, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of proceedings - Proceedings initiated against applicant u/s.138 of NI Act already quashed - Complaint registered for offences punishable u/s.420, 406, 120B r/w S.114 IPC arose out..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Arbitration proceedings - Quashing of complaint - Bouncing of cheques issued against license fees - Finding of arbitrator in relation to the very same issue which is the basis of complaint u/s.138 N.I. Act is that respondent/complainant was not entitled to..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheque in question was given for existing debt and for future liability with interest - When subsequently particulars were filled in, it cannot be said that at the time when cheque was deposited there was no legally enforceable..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Applicability of S.138 of NI Act - Petitioner is not the drawer of cheque which is said to be dishonoured - Held, provision of S.138 of NI Act would be applicable to person who issues cheque for payment of money to another person and cheque is returned by..........
Criminal Procedure Code, 1973, Section 482, Consumer Protection Act, 1986, Section 27, Companies Act, 1956, Section 5 -- Complaint against Director of Company alleging deficiency of service - On death of such Direction execution proceedings initiated against petitioner, daughter of Director who was also one of the Directors for non compliance of order of Consumer Forum -..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Held, in order to invoke S.141 of NI Act, necessary averments should be found in complaint, u/s 138 of NI Act - Purpose of issuing notice to accused for compliance of demand made therein is not for fastening..........
