Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Complaint filed on 14th day i.e before expiry of statutory period of 15 days, is pre-mature - Complaint is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Petitioners ceased to be Directors of Companies as on the date of issuance of cheque - Registration of complaint against petitioners for offence punishable u/s 138 of the Act held, not sustainable - Proceedings qua petitioners quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 2(wa) -- Dishonour of cheque - Complainant in a case u/s 138 of N.I Act is not a victim as defined u/s 2(wa) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4) -- Dishonour of cheque - Appeal against acquittal - Complainant in a case u/s 138 of N.I. Act is not entitled to file an appeal against acquittal according to provision of S.372 Cr.P.C rather he may prefer an appeal before High Court invoking provision of S.378(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Complainant is expected to allege that persons named in the complaint are in-charge of affairs of Company - It is only Directors of Company or Partners of Firm who will have special knowledge of role that they play in Company - Burden would be on Board of Directors..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Contents of notice, reply given by noticee and contents of complaint would form an important part of arranging accused into proceedings u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Complainant produced certain documents before Court in terms of Ss.7(1)(c), 168, 170(2) of Companies Act, which depict petitioners to be whole time Directors and promoters of Company - Said documents would become circumstance enough for petitioners to be hauled into..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Full address of accused not mentioned in postal receipt - However, correct address of accused mentioned in the complaint and notice of demand - It cannot be presumed that notice was sent at the wrong address - Notice whether received by accused can be determined during trial - Complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Presumption of receipt of notice by drawer of cheque can be raised only if notice has been despatched through registered post to his correct address - Such inference cannot be drawn if notice has been sent on incorrect address of drawer of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Seven cheques alleged to be issued but in the summoning order four other cheques included - In the summoning order it is mentioned that one memo was issued by bank for all the seven cheques whereas seven different memos of dishonour had been issued by the bank - Magistrate while..........
