Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Liability of Director - On other elements of an offence u/s 138 of the Act being satisfied, burden is on Board of Directors or officers in charge of affairs of Company/partners of a firm to show that they were not liable to be convicted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Criminal liability and vicarious liability - Criminal liability is attracted only on those, who at the time of commission of offence, were in charge of and were responsible for conduct of business of the firm - But vicarious criminal liability can be inferred against the..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Accused allowed to exhibit his statement in evidence in the form of an affidavit - However, cross examination may be accordingly permitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured on account of `Exceeds Arrangement' - However, there is printed instructions on the cheque that it would be valid only for Rs.10 lakhs but disputed cheque was of Rs.12.25 lakhs - It cannot be treated as valid negotiable instrument - Order taking cognizance set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by Company filed through Director, who initially has no authorization to represent company - Complaint cannot be quashed on said ground, as Company can at any stage rectify such defect...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Main petition withdrawn - Once very petition stands withdrawn on the basis of compromise, continuation of FIR u/s 174-A IPC is nothing but an abuse of process of law - FIR u/s 174-A IPC along with all subsequent proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Factum of disputed service of notice - Requires adjudication on basis of evidence - Complaint cannot be quashed on disputed question of fact...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheque alleged to be stolen - Information regarding missing of cheque not given to bank - Information to bank was given when accused came to know about filing of complaint but neither the details of cheque was mentioned nor any..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cognizance of offence - Magistrate is forbidden from taking cognizance of offence if complaint was not filed within one month of date of which the cause of action arose...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in filing complaint - Cause of action arose on 17.3.2018 - Complaint filed after delay of 7 days i.e on 25.4.2018 - No petition for condoning delay has been filed on behalf of complainant and without condoning delay, Court below has taken cognizance on complaint which was barred by limitation..........
