Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - I, charge of and responsible to company - Absence of averments - Effect - Complaint has not informed petitioners No.3 to 5, who are the directors of first accused company were i, charge of and responsible to the company at the time of commission of offence - Held, complaint has..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Accused convicted - After conviction, accused paid cheque amount under compromise - Held - No further action needs to be taken - Petitioner acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Mis-description of complainant's company in cause title of petition of complaints is merely a bona fide typographical mistake which does not touch merits of the case - Held, error in cause title of petition of complaints cannot be said to have vitiated proceeding and accordingly question of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards discharge of loan liability - In reply to demand notice accused stated that cheque was given as security of a chit run by wife of complainant - Complainant not proved his capacity to make payment of loan amount Rs.6 lakhs - Transaction between wife of complainant and accused not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Demand notice has not been deemed to be served upon accused - Material on records presented by accused proving that plaintiff has received entire amount and matter has been settled - Acquittal of accused, proper...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence of complainant on affidavit - Evidence of complainant may be given on affidavit not only during the course of trial but even pre-summoning stage i.e., before issue of process pursuant to S.204 Cr.P.C. - Provision of S.145 of the Act has overriding effect to the contrary provisions in..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Cheque issued by partnership firm - Petitioner neither partner of the firm nor drawer or signatory of the cheque - He cannot be held responsible for bouncing of cheque when he was only a witness of the partnership deed - Order taking cognizance against him set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Presentation of cheque and issuance of notice - If cheque is presented at a place where complainant does not ordinarily resides or carries on his business and issues notice from that place then Court at that place has no jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Examination of witness - Rejection of application - Legality of - Memo filed by petitioner was rejected earlier - Admittedly, at that point of time, petitioner has filed a mere memo indicating the list of witnesses to whom summons have been issued - Thereafter, records have been summoned and based on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity of - Notice has been issued by appellants-complainants - Cheques have been presented before Bank which were dishonoured - Notice has been issued in accordance with the provisions of law and has been received by respondent - Neither reply was sent by respondent-accused nor he paid..........
