Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution of M.D. without prosecuting company - Held, Director or any other officer cannot be prosecuted without impleadment of company - Proceedings liable to be quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Held, only drawer of cheque falls within ambit of S.138 of the Act whether human being or body corporate or even a firm...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Issuance of cheque towards supply of goods - Plea of accused that cheque was issued by way of advance and there was non supply of goods - Conviction on the basis of presumption without there being non production of books of accounts and bills set aside - Matter remitted - Complainant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Matter referred to mediation and parties entered into compromise - In view of compromise between parties conviction and sentence of accused set aside and quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Complaint filed before expiry of 15 days of receipt of notice - However, cognizance taken after expiry of 15 days period - Bar of expiry of 15 days is only for the purpose of taking cognizance and not for filing of complaint - If order of cognizance is taken after expiry of 15..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused borrowed hand loan of Rs.1.25 lakhs from complainant - There is no proof regarding means of complainant, source of lending such huge amount available with him and nature of acquaintance to give hand loan of such huge amount without even taking any receipt or letter or undertaking or promissory..........
Negotiable Instruments Act, 1881, Section 138, 20 -- Dishonour of Cheque - Material alterations - Plea of complainant that accused and her husband came to him and her husband filled all the contents of cheque and accused signed issued duly filled cheque - However, in cheque more than thee pens were used with more than three peons writings - Version of complaint is thus..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused borrowed hand loan of Rs.1.25 lakhs from complainant - There is no proof regarding means of complainant, source of lending such huge amount available with him and nature of acquaintance to give hand loan of such huge amount without even taking any receipt or letter or undertaking or promissory..........
Negotiable Instruments Act, 1881, Section 138, 20 -- Dishonour of Cheque - Material alterations - Plea of complainant that accused and her husband came to him and her husband filled all the contents of cheque and accused signed issued duly filled cheque - However, in cheque more than thee pens were used with more than three peons writings - Version of complaint is thus..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Two essential ingredients to attract the offence u/s 138 of the Act are : (i) cheque ought to have been "drawn" by drawer in favour of payee; (ii) the issuance of cheque must be in total or partial discharge of liability owed by drawer...........
