Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of Company and Directors - Quashing of proceedings against Director - Respondent was not a director at the time of issuance of cheque - No specific averment in complaint as to the role of the Directors - High Court quashing proceedings - Order upheld...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of Directors of company - In order to fasten the vicarious liability the averment as to the role of the concerned Directors should be specific - Description should be clear and there should be some unambiguous allegations as to how the concerned Directors were alleged to be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Mechanical repetition of the requirements u/s 141(1) of the Act is not sufficient - There should be necessary averments in the complaint as to how and in what manner the accused was guilty of consent and connivance or negligence and therefore, responsible u/s 141(2) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Principles governing - (i) The primary responsibility is on the complainant to make specific averments as are required under the law in the complaint so as to make the accused vicariously liable - For fastening the criminal liability, there is no presumption that every..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint cannot be dismissed questioning the financial soundness of the complainant to lend the amount - Statutory presumption not rebutted - Ingredients of offence made out - Acquittal, held, not proper - Accused convicted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of interest and expenses of notice besides cheque amount - All these items demanded separately - Held, notice is valid if it contains a break of claim i.e. cheque amount, interest, damages etc...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Accused in his statement u/s 313 Cr.P.C. admitted that he had dealing with the complainant and issued cheque which could be encashed by the accused - Held, there is presumption with regard to the act that it was against legally enforceable liability...........
Negotiable Instruments Act, 1881, Section 138, 138 -- Dishonour of cheque - Legally enforceable debt - Presumption - Signatures and execution of cheque admitted - Presumption available does not stand rebutted by merely saying that cheque was neither given for business transaction nor for a liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Postal receipt issued on the proforma meant for telephone bill - Postal receipt revealing that it was issued with regard to registered post letter and not for telephone bill...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Alteration in postal receipt - Figure `97' having darker ink than other figures - It does not appear to be alteration rather it is natural one...........
