Negotiable Instruments Act, 1881, Section 138, , Section 3 - - Dishonour of cheque - Money lender - Held, provision of S.3 of Act of 1938 does not debar a money lender from instituting a complaint u/s 138 of NI Act, which is a remedy enforceable before a criminal Court, and totally independent of a civil suit...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - In charge and responsible - A reading of complaint should show that substance of accusation discloses that accused person was in charge of and responsible for the conduct of the business of the company at the relevant time - No specific or even a general allegation against appellants -..........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - When summons trial is ordered and adopted it cannot be changed into another way in midst of trial - Half summons trial and half summary trial is not possible in a criminal case - Magistrate has to either follow the procedure in a summons trial or follow the summary trial - If summons trail is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Cases under which the procedure of summons trial is adopted, there is no question of getting the benefit of exception of S.326(3) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 139, Income Tax Act, 1961, Section 269SS -- Dishonour of cheque - Cash loan of Rs.31 lakhs - Acquittal of accused on the grounds : (a) Neither complainant nor his wife produced their respective income tax returns; (b) Failure to disclose income prior to advancing loan; (c) difficult to accept that complainant was in a position..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings qua petitioner/accused No.4 - Offence by company - There is only specific averment with regard to role of accused No.1/company pursuant to loan agreement entered into between accused No.1 and complainant - In absence of specific..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Accused residing outside jurisdiction of Court - Inquiry/investigation u/s 202 Cr.P.C. - Held, provision of S.202 Cr.P.C. is not applicable to proceedings u/s 138 of Negotiable Instruments Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of Cheque - Company - Vicarious liability - It is necessary to specifically aver in a complaint u/ss 138, 141 of the Act that at the time the offence was committed, the person accused was i, charge of and responsible for the conduct of the business of the Company - This averment has to be made in the complaint..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of Cheque - Company - Vicarious liability - No specific averment qua petitioners No.3 to 12 as to how they are incharge and responsible for the conduct of business of the company - Proceedings against petitioners No.3 to 12 quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Deemed liability u/s 141 of the Act is attracted only when responsible company is arrayed as a party...........
