Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394 -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Composite sentence of fine and imprisonment was imposed on accused - Therefore, appeal shall not abate on the death of accused and Court is bound to decide the appeal on merits after..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394 -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Leave to appeal sought by wife of accused - Application seeking leave filed after delay of 20 days - Petitioner has offered sufficient explanation of delay - Application for leave to..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - `Drawer' - Authorised signatory - Not a drawer of cheque...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Provision of S.141 of the Act establishes vicarious liability for officers of the company, such as signatories of the cheque, managing directors, or those in charge of its affairs, by legal fiction - Drawer of cheque remains primarily liable - S.141 broadens liability to..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Primary liability for an offence u/s 138 of the Act lies with the Company, and the Company's management is vicariously liable only under specific conditions provided in S.141 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of writing on cheque - Accused admitted his signatures but contended that he has not filled up the cheque - Accused did not reply to the statutory notice - Accused attempted to protract the proceedings - Order directing to send the disputed cheque for examination to FSL set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence u/s 138 of the Act can be compounded u/s 147 of the Act, at any stage of proceedings...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence u/s 138 of the Act can be compounded u/s 147 of the Act only with the consent of complainant...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Compounding - Absence of consent of complainant - Merely because Supreme Court quashed proceedings by invocation of power u/art 142 of Constitution, cannot be a reason for compounding an offence u/s 138 of N.I Act invoking power u/s 482 Cr.P.C and power..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused deposited cheque amount of Rs.6,50,000 along with 12% simple interest p.a from the date of cheque till date of actual payment besides a sum of Rs.1 lakh payable additionally - There is thus, no point in restoring the proceedings - Despite lack of consent of complainant, it is a fit case to..........
