Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability of Director - Statutory requirements - Held, in absence of any averment in complaint as to how and in what manner petitioner was responsible for conduct of business of company or otherwise responsible to it in regard to its functioning, he cannot be..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Delay - Condonation - Accused is not entitled to hearing before Court considers taking cognizance of time barred complaint for dishonour of cheque...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Delay - Condonation - Court has to record satisfaction that complainant had sufficient cause for not making the complaint within period prescribed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused borrowed Rs.44 lakhs - There is no evidence that they have repaid the amount and their evidence is that they have issued cheque and a civil case has been filed and decree would have been obtained - Furthermore, at the time of availing loan, petitioners have furnished property as security, which..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Revision - Compounding of offence - Statement of complainant has been recorded wherein he stated that he has already compounded offence with accused - Held, as per S.147 of that Act, offence u/s 138 of the Act is compoundable - It is well settled that offence can be compounded even in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Additional evidence at appellate stage - Trial Court dismissed complaint as it did not believe the story of complainant of giving loan to accused - Additional evidence sought to be led at appellate stage to summon witnesses from Bank to prove that in fact loan amount involved in complaint was given..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Sentences - Running concurrently - One year R.I. imposed in each of two check bouncing cases - Petitioner is facing trial since year 2003 - Petitioner is father of three minor children - No criminal background of petitioner - Petitioner already undergone..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Sentence - Reduction of - Petitioner is a widow - She has no source of income - Amount in question was Rs.30,000/- - She is not previous convict nor has she indulged in any criminal activity before or after registration of this case - Held, grounds taken cumulatively are mitigating..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order declaring proclaimed offender - Quashing of - Petitioner was not aware about filing of complaint - Summon not served - Petitioner ready to appear before Court - Held, if petitioner appears before trial Court, he shall be released on bail...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Cheque in question issued for discharging subsisting liability - Cheque presented for encashment returned for insufficiency of funds - Statutory notice issued well in time - Petitioner/accused neither gave any reply nor repaid amount - Held, petitioner is guilty of offence..........
