Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Liability of a partner - There has to be evidence that at the time the offence was committed, the partner was in-charge of and was responsible to the firm for the conduct of the business of the firm...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by firm - Cognizance - Challenge thereto - A definite allegation is made against petitioner regarding issuance of cheque on behalf of firm - Contention of petitioner regarding signatures and also retirement from the partnership firm at the time of issuance of cheque - Held, contention is to..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Sufficient averments in complaint as to vicarious liability of partners - A partner whether retired at the relevant time can only be decided after parties lead evidence - Discharge at the threshold u/s 482 Cr.P.C., held, not proper...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A5 and A6 partners of accused partnership firm along with A4 did not actually present the cheques for discounting - Held, they cannot be held guilty along with A4...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Determination - Accused had purchased goodwill of complainant in partnership and it was agreed that accused should refund advance amount paid to landlord - Held, it becomes liability on part of accused due to complainant - It cannot be said that cheques in question are..........
Negotiable Instruments Act, 1881, Section 138,141 -- Dishonour of cheque - Partnership - Quashing of proceedings - Plea that appellant was living abroad at the relevant time - Held, appellant is entitled to show at the initial stage that he was in no way responsible for the day to day management of the business and that the was not in India when the offence is said to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence whether of moral turpitude - Bank employee formed partnership firm while in service and also issued cheques knowing that those cheques would not be honoured - Such conduct is a relevant factor while considering the conviction and sentence u/s 138 of the Act - If such act and conduct and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - A dispute regarding rendition and settlement of accounts amongst partners of firm which has been dissolved - As per petitioner, bank cheques retained by complainant-respondent during tenure of business of partnership concern, a false..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by a partnership firm dishonoured because of `death of partner' - Ground on which cheque was dishonoured does not fall within the purview of Section 138 of the Act - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 141 - - Dishonour of cheque - Partnership firm - Held, a partnership firm can very well be prosecuted for an offence punishable u/s 138 of the Act, simplicitor independently and without its partners being proceeded against along with the firm with aid of S.141 of the said Act...........
