Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint development agreement stipulating that any dispute has to be referred to arbitrator - Accused acquitted solely on this ground - Acquittal cannot be legally sustained - Impugned order set aside - Matter remanded for disposal of the same in accordance with law by giving opportunity to both the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Directors resigned from accused company before issuance of cheque - Therefore, they in no way are responsible for conduct of business of company at the relevant time - Complaint qua directors quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Company not arraigned as an accused - Accused signed the cheque as authorized signatory of Company - Company certainly is required to be joined as accused - In the absence of company being arraigned as accused, accused cannot be held vicariously liable for the offence - Accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Except for one or two occasions, no absence of complainant was recorded - Complainant was out of India and said fact was not brought to notice of trial Court - Due opportunity is required to be given to parties to adduce..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Accused paid the amount of cheque - Leniency should be shown in favour of accused - Order of sentence to undergo S.I for one year and to pay sum of Rs.55,000/- to complainant set aside and accused shall pay a fine of Rs.5,000/-...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Accused signed the cheque - Opinion of handwriting expert with regard to the age of ink used in making the signature on the cheque and the age of the signature and contents of cheque - Application filed by accused wholly frivolous and trial Court had rightly rejected the..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed beyond the period of one month from the date of receipt of notice - Magistrate could not have taken cognizance of offence in view of provision contained in S.142(1)(a), (b) of the Act - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Complaint by company - Evidence of Power of attorney/PW1 - PW1 had given evidence as branch accountant of complainant company and not as Power of Attorney - Transaction was prior to appointment of PW1 in company - PW1 has no direct knowledge regarding transaction - When complainant limits the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - Power of attorney who filed the complaint needs to aver that he has knowledge of complete transaction...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Complaint by company - If a payee is a company complaint has to be filed in the name of company...........
