Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Partnership firm - Complaint against partners of firm without arraigning partnership firm as an accused - Held, complaint is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Appeal against acquittal - Dismissal of complaint u/s 138 of the Act - There is nothing on record to show that complainant has advanced amount in question to respondent/accused - Even, no date, month or year is mentioned that when respondent borrowed money - Neither any receipt nor any..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Simply because someone is a Director in a company, he cannot be held responsible in respect of a cheque issued on behalf of company - However, if concerned Director is i, charge of and is responsible to the company for its conduct of business, he can be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Quashing of complaint - When there was an allegation to the effect that Directors were involved in day-to-day business of company, High Court ought not to have quashed the proceedings against such Directors - Moreso, notice issued to company was refused..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Drawer of cheque was the company - Cheques drawn from the account of company - Accused signed cheques on behalf of company in his capacity as director thereof - Company would be responsible and liable for dishonour of cheque - Prosecution of accused without arraigning company..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - Proprietor alone is liable - Concept of vicarious liability is not attracted in a case of proprietorship firm - Process issued against Manager of proprietorship concern, quashed...........
Negotiable Instruments Act, 1881, Section 138, 141, Constitution of India, 1950, Article 72, 226 -- Dishonour of cheque - Grant of pardon by President - Judicial review - Accused convicted and sentenced till rising of Court and to pay compensation of Rs.57,97,940/- to complainant and said order confirmed by Supreme Court - Even, President rejected clemency petition after..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Managing Director - Cheque issued on behalf of company - Managing Director cannot be convicted without impleading company as an accused...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Complaint against Director of company only without arraigning company as an accused - Arraigning of company as an accused is imperative - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Director - Vicarious liability - Before issuance of cheque, Director of a company who resigned from his post of Director and resignation duly accepted by Company vide its resolution passed in the meeting of its Board of Directors and Certificate to this effect also issued by..........
