Negotiable Instruments Act, 1881, Section 138(c), 142(1)(b) -- Dishonour of cheque - Notice - Non-mentioning of actual date of service of notice - If date of actual service of notice is not clearly discernible from acknowledgement card, that cannot prejudice complainant, since that is not due to default of complainant - That by itself cannot lead to dismissal of complaint..........
Negotiable Instruments Act, 1881, Section 138(c), 142(1)(b) -- Dishonour of cheque - Notice - Notice was served on accused on 10.3.2005 as specifically pleaded in complaint - Acknowledgement card bearing said date was produced along with complaint - Said date is not challenged in cross-examination of complainant - In the light of presumption u/s 27 of General Clauses Act,..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Leave to file appeal - Dismissal of complaint on the ground that complainant filed complaint before the Court not having territorial jurisdiction to entertain complaint - Delay of 100 days in refiling of complaint - Fact that appellant had not physically collected said complaint would not extend..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Offence by company - Vicarious liability - Neither petitioner was director of company when cheque in question was issued nor petitioner was responsible for conduct of business of company at relevant time - Therefore, no vicarious liability can be fastened upon petitioner u/s.141 of the Act for..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Offence by company - Vicarious liability - Requirement of S.141 of the Act is that person sought to be made liable should be incharge of responsible for conduct of business of company at relevant time...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Offence by company - Vicarious liability - Requirement of S.141 of the Act is that person sought to be made liable should be incharge of responsible for conduct of business of company at relevant time - Since this has not been averred as a fact therefore, there is no deemed liability of..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Offence by company - Vicarious liability - Petitioner resigned from Directorship of company and date of resignation is relevant - However, in complaint there is no averment as to how and in what matter petitioner was responsible for conduct of business of company or otherwise responsible for..........
Negotiable Instruments Act, 1881, Section 138, 141, 142(2)(a) -- Dishonour of cheque - Territorial jurisdiction - To be determined by the place where drawee maintains an account...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Appeal against Acquittal - Presumption carried under statute in respect of cheque stood rebutted by vital admissions suffered by complainant as at the time of advancement of alleged loan currency notes of denomination of Rs.2000/- were not in existence - Since liability alleged by complainant is..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in filing complaint - Filing of an application u/s 5 Limitation Act instead of filing an application u/s 142 of the Act - Complaint cannot be dismissed as barred by limitation...........
