Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued to discharge promissory note - Material alterations in promissory note and request for sending pronote for expert examination - Plea taken for the first time at appellate stage - Not permissible...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Proof - A.D. is a clear proof of service of notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque signed by authorised signatory - Held, on cheque being dishonoured it is the principal who is liable...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - There should be a specific averment in the complaint that the persons sought to be made liable was in charge of and responsible for the conduct of the business of the company at the relevant point of time, as the directors in a company cannot be deemed to be in charge of and..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Question as to whether a person was in charge of and was responsible to the company for the conduct of the business at the relevant paint of time is to be adjudicated during the course of trial, based on the materials placed before the Trial Court by the parties...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Notice sent - Accused sent a reply - Complaint filed but no mention made of reply notice in the complaint nor in sworn statement - Not a ground to quash complaint...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- - Dishonour of cheque - Company - Company and its Directors approached complainant for grant of loan - As per loan agreement Company issued three cheques, which were dishonoured - A2 M.D. of company and A3 to A6 its Directors - Plea to quash complaint on the ground that there..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant can voluntarily drop any or all of the accused persons - For wrong implication Magistrate may pass observations or strictures while finally deciding the matter - Magistrate may also initiate proceedings under S.211 IPC or S.340 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Notice - Prosecution of company and directors - Notice to company - It is not required that each and every Director of company should be served with notice...........
Negotiable Instruments Act, 1881, Section 138 -- Company - Director - Averment in complaint that Directors were incharge and responsible to the company for conduct of its business - It is not necessary that role of each accused should be explained specifically...........
