Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Quashing of complaint on ground that no criminal liability can be cast on her for reason of she neither being Director of accused No.1 company nor i, charge or not responsible to company for conduct of business of company - Held, all such..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Complaint was required to be filed within fifteen days of receipt of notice by the drawer of the cheque which, in this case is 09.08.2008 - However, complaint was filed on 18.08.2008 - Held, complaint was barred by limitation as..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption u/s.118 and 139 - Legal and enforceable debt - Petitioner/accused neither issued any reply to statutory notice nor cross-examined complainant - He did not let in oral evidence by way of examining defence witness and did not produce any documents - Held, presumption u/s.118 and 139..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Modification of sentence - Cheque amount is only Rs.65,000/- - Contention that sentence awarded by both Courts below, i.e. two years' SI is very high and harsh - Held, it is true that when once accused was found guilty of offence u/s.138 of N.I. Act, awarding of sentence of imprisonment is..........
Negotiable Instruments Act, 1881, Section 138, Bombay Money Lenders Act, 1947, Section 3 -- Dishonour of cheque - Legally enforceable debt - Dishonour of two cheques alleged to have been given by accused for repayment of loan amounts of Rs.2,00,000/- and Rs.1,00,000/- - Transactions of huge amounts were in cash and promissory notes stipulating interest were got executed -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Trial Court sentenced accused to six months imprisonment and directed to pay fine of Rs.5,000/- - Revisional Court directed accused to pay compensation of Rs.7,20,000/- to complainant - Plea that revision was not maintainable for reason that complainant could have filed an appeal under new..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Conviction - Validity - Whether petitioner/accused could have been convicted on ground that he issued cheque as general attorney of Proprietorship firm? - Held, yes, vide this power of attorney sole proprietor of Proprietorship Firm constituted petitioner/accused as her lawful general power of..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Sufficient averments in complaint as to vicarious liability of partners - A partner whether retired at the relevant time can only be decided after parties lead evidence - Discharge at the threshold u/s 482 Cr.P.C., held, not proper...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default for non appearance of complainant - Principles of natural justice require that opportunity be given to the parties to prosecute, as well as to contest the matter, on its own merits - Order of dismissal set aside...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint - Substitution of Power Agent - Power Agent resigned from job and left complainant-firm - Substitution petitions filed by firm and same were allowed by impugned order - Held, firm has to be represented by some person in place of said Agent - No irregularity or illegality in impugned order..........
