Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Once a notice has been issued and served upon a partner, it would be deemed to be a notice to firm as well...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Typewritten cheque - Complainant and accused are doing business and therefore, money transactions based on typewritten cheque cannot give rise to any suspicion...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere filling of cheque by payee would not invalidate cheque and it does not amount to alteration...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Failure to send reply notice by itself cannot lead to conclusion of allegations in notice being accepted by accused - However, failure of accused to explain reason for not sending reply notice would weaken the defence case...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - During pendency of proceedings Company was dissolved - Signatories/directors cannot escape from their penal liability u/s 138 of the Act by citing its dissolution - What is dissolved is only company, not personal penal liability of accused covered u/s 141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141, Insolvency and Bankruptcy Code, 2016, Section 31, 32 -- Dishonour of cheque - Offence by Company - Proceedings under Insolvency Code - (a) After passing of the resolution plan u/s 31 of the IBC by the adjudicating authority & in the light of the provisions of S.32A of the IBC, the criminal proceedings u/s 138 of the NI..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 205, 251 -- Dishonour of cheque - Accused seeking exemption from personal appearance - Rejection of application on the ground that accused has to undergo examination u/s 251 Cr.P.C. - The object of S.251 Cr.P.C. is only to the extent of apprising accused of particulars of offence and..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a), Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of case - Cheque was presented by complainant for encashment with his banker at Bank in District Hamirpur - In view of amendment of S.142(2)(a) of N.I. Act, jurisdiction to try complaint vested with Court of competent jurisdiction in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of eight cheque - Eight complaints - Joint trial - It is not obligatory for Court to hold joint trial, as S.220 Cr.P.C is an enabling provision - It is discretion of Court concerned to decide whether or not to order joint trial...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of eight cheques - Eight complaints - Joint trial - Cheques in question bear different dates and were presented and dishonoured on different dates - Statutory notices were also issued on different dates - Complaints were filed on different cause of actions pertaining..........
