Negotiable Instruments Act, 1881, Section 138, 141 -- Firm - Dishonour of cheque - Criminal liability is not confined to the signatory of the cheque alone but extends to non signatories also provided other conditions in that regard are satisfied...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Cheque - Company - Managing Director issued cheque on behalf of Company - Issuance of process against Managing Director challenged on the ground that liability not being the personal liability of Managing Director, he could not be prosecuted and that process is erroneously issued..........
Negotiable Instruments Act, 1881, Section 138 -- Legally enforceable debt or other liability - Cheque issued for a consideration which is unlawful - No offence u/s 138 of the Act is made out...........
Negotiable Instruments Act, 1881, Section 138 -- Legally enforceable debt or other liability - Cheque issued for compounding a non compoundable offence - Liability arising is not a legally enforceable debt or other liability - An agreement opposed to law or forbidden by law is not enforceable - Held, any debt or liability arising out of a contract or promise, which is..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Society - President issued cheque from his personal account to discharge a debt or liability of society - Cheque dishonoured - Society or its Secretary cannot be proceeded against, unless it is established that the dishonoured cheque is drawn by the society on an account maintained by the society itself...........
Negotiable Instruments Act, 1881, Section 138 -- Firm - Cheque issued by proprietor of firm - Firm not made an accused - Not of much consequence as liability of proprietary concern and proprietor is joint and several...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint cannot be quashed on the ground that cheque was not issued towards discharge of a liability - This fact is to be decided in course of trial...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque given as collateral security - Cheque was never meant to be deposited - If such a cheque is deposited and dishonoured then it will not entail the penal liability...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque issued as a collateral security - Dishonour of cheque - Even collateral security becomes a debt or liability on the part of accused to perform his contract - The very issuance of cheque presumes that it was issued for discharge of liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Payment stopped on account of absence of any pre-existing debt or liability - Complaint cannot be quashed on this ground and the question of fact has to be decided in defence...........
