Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Where a cheque issued by a company is dishonoured, it is requirement of the Act that every person who at the time offence was committed was in charge of and was responsible to company for conduct of business of company shall be deemed to be guilty of offence u/s 138, 141 of the..........
Negotiable Instruments Act, 1881, Section 143A, 138 -- Direction to deposit 20% of cheque amount - S.143-A of the Act can be applied or invoked only in cases where offence u/s 138 of the Act, was committed after introduction of S.143-A of the Act in statue book w.e.f 1.9.2018 - Since the case is pending for the last three years as such S.143-A of the Act is not applicable,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Where presence of complainant on particular day was quite unnecessary then resorting to step of axing down complaint may not be a proper exercise of power - Discretion must therefore be exercised judicially and fairly without..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Acquittal of accused - Accused was also absent on the particular day - Magistrate should not have resorted to axing process, particularly when accused was also not present on that date and therefore, he could very well have..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Intention not to make payment when communicated before expiry of 15 days from the date of receipt of notice then not to file complaint before expiry of 15 days becomes redundant...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Debt or liability - Once a cheque is issued, presumption arises u/s 139 of the Act and this presumption is rebuttable - Court has to presume that cheque has been issued for a debt or liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint - Restoration of complaint - It appears that despite the complainant having taken all measures within his power person representing him did not file the process fee for issuance of summons and did not appear for the complainant on date of dismissal of the petition - Dismissal of..........
Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit more than 25% of the fine amount - Appellate Court is empowered to impose a minimum of 20% and maximum amount can go to any extent and it can go upto the fine/compensation amount, imposed by the judgment appealed against...........
Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit a minimum of 20% of the fine/compensation - Provision is mandatory and not discretionary - Use of word `may' can only be taken to have the colour and meaning of `shall' and there is no scope for exercise of discretion...........
Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit more than 25% of the fine amount - Accused in stringent financial condition - Petitioner directed to deposit 20% of the fine amount...........
