Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors of company - Court to insist production of Form 32 and annual return filed by company in order to determine persons who were Directors on the date of commission of offence - Such direction cannot be interpreted to mean that all summoning orders are liable to be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Liability of person involved in the management of company - Closely held company belonging to one family - Petitioner is the largest shareholder in company - In such circumstances, it is not possible, at this stage to hold that petitioner was not involved in the management of..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Territorial jurisdiction of Court - Court where bank of payee where cheque is presented for payment is situated, would have territorial jurisdiction to entertain complaint, as per amended provisions of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Territorial jurisdiction of Court - Complaint of complainant returned to be presented before Court of competent jurisdiction - Complainant immediately assailed the said order by filing present proceedings - Present proceedings would be deemed to be continuation of proceedings before trial..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender and registration of FIR u/s 174-A IPC - Report of process server that accused has shifted from the address given in the complaint - No evidence that accused was residing at the given address or that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction in two cases - Concurrent running of sentences - Complainant and accused are same in both the cases - Sentences passed in both the cases thus, directed to run concurrently...........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Petition u/s 482 Cr.P.C. for issuance of direction to respective trial Courts for permitting petitioners to furnish one personal bond and surety bond in all complete cases u/s 138 NI Act - Stage of furnishing bail bonds/surety bonds is subsequent to grant of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Plea of accused that he informed bank authority of forceful taking of cheques by complainant immediately after occurrence - Plea not proved, there being no supporting evidence either oral or documentary - Moreover, his contention..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Under Ss.118, 139 of the Act a holder of cheque is a holder in due course unless properly rebutted by accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Merely because complainant did not examine listed witness in support of his contention about taking of loan by accused, the same cannot be discarded as a doubtful...........
