Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of blank signed cheque would not absolve accused from liability - However, holder of cheque in due course cannot fill the amount more than he is entitled...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Enhancement of compensation - Complainant a senior citizen has been running from pillar to post to recover his money since 2016 which he had paid to accused for his proposed apartment project - Defence of accused appears false - Accused deposited only Rs.1,40,000 as per order of Court out of total..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Only by saying that a person was in charge of the company at the time when offence was committed is not sufficient to attract S.141(1) of the Act - Words "was in charge of" and "was responsible to the company for the conduct of the business of the company" cannot be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Averment that appellants are busy with the day-to-day affairs of the company - This is hardly relevant in the context of S.141(1) of the Act - It cannot be concluded that appellants were responsible to the company for the conduct of the business - Complaint against..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Managing Director - Merely because somebody is managing the affairs of the company, per se, he does not become in charge of the conduct of the business of the company or the person responsible for the company for the conduct of the business of the company - In a given case, a..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Appellants are neither signatories to cheques nor are whole time directors - Statutory notice was admittedly not served to accused - Most important averment which is required u/s 141(1) of the Act that Directors were in charge of, and were responsible for the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of notice of demand is a condition precedent for filing a complaint in view of S.138(c) of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Correction of Cheque numbers - Accused admitted in his examination u/s 313 Cr.P.C qua actual cheques with corrected numbers - Bank records and trial testimony also supports assertion that incorrect typing of cheque numbers in legal notice was a bona fide error that was..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have arrived at a compromise and complainant received entire amount towards cheque in question - There is no outstanding amount or any dispute regarding payment pending between parties - Matter is purely inter se between parties - Conviction and sentence set aside -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have arrived at a compromise and complainant received entire amount towards cheque in question - There is no outstanding amount or any dispute regarding payment pending between parties - Matter is purely inter se between parties - Conviction and sentence set aside -..........
