Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution of director - Quashing of - Contention that petitioner No.1 (director of company) have resigned from board of directors much prior to issuance of dishonoured cheque - No specific allegation against petitioner No.1, especially in the light of reply of notice - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Modification of sentence - Concurrent findings of Courts below regarding conviction of revisionist - No illegality, impropriety and irregularity in the judgment and orders passed by Courts below - Held, no interference is called for - However, sentence of simple imprisonment of three months..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued - Complaint not filed - Notice issued for the second time - Complaint filed on the basis of dishonour of cheque for the second time - Cause of action cannot be extended once the notice is received by the drawer of the cheque and payment is not made - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Discharge of existing debt or liability - Winding up proceedings - Cheques issued by appellant towards outstanding amount in respect of supply of goods by respondent were dishonoured - Further, no acceptable explanation given by appellant as to why cheques were dishonoured - Plea that cheques were..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution of Directors - Legality - Complainant has made necessary allegation against petitioners and other co-accused persons that they were directors in company, had issued cheque, assured for payment and notice had been served upon them - Held, averments were sufficient..........
Negotiable Instruments Act, 1881, Section 138,142(2) -- Dishonour of cheque - Pre mature complaint - Cognizance - Different opinions - Needs to be resolved authoritatively - Matter referred to three-Judge Bench as to : (i) Can cognizance of an offence punishable under Section 138 of the Negotiable Instruments Act 1881 be taken on the basis of a complaint filed before the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Existence of - Proof - Respondent used to provide licence to Appellant which is business transaction between them - Cheque was obtained from respondent for security purpose - There was no money transaction between parties - Held, necessary corollary would be that there is no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Validity - Complaint and oral evidence of appellant/complainant are silent as to date of receipt of notice by accused - Reply notice sent by respondent/accused was not marked - It is not stated in reply notice that when accused received notice - Held, it cannot be presumed on what date notice..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Complainant had given loan of Rs.1,50,000/- to accused - Cheque issued by accused for re-payment of loan amount got dishonoured - Accused did not deny his signature on cheque - Accused could not lead any evidence as contemplated u/s.139 as he did not choose to file reply to..........
Criminal Procedure Code, 1973, Section 482, 200, 138, 420, 120B - - Cheating - Dishonour of cheque - Quashing of summoning order - From bare reading of complaint, all essential ingredients of criminal conspiracy and cheating are complete and prima facie commission of offence punishable u/s 420 r/w S.120-B IPC is made out against petitioner - Fact that complainant has..........
