Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - It is not necessary that in the complaint the words u/s 141 of the Act should be verbatim quoted - The purpose would be served if the averments, by whatever words used, makes it clear that the person was in-charge and responsible to the company for the conduct of the business of the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - 'Accused are Directors and Executive of the Company' - Meaning - When Director is also executive, he is an officer with executive powers, charged with administrative work and is a person with senior managerial responsibility in the business - No fault can be found in the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Accused evaded service of notice - Defence with regard to service of notice not raised in trial Court - Such a plea is not available in revision - Proviso to S.138 of Negotiable Instruments Act is meant for honest drawer and not to protect the unscrupulous drawers...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Quashing of - Plea that goods were rejected and complainant was not entitled to get the cheque encashed - Summoning order cannot be quashed on this ground - Plea is available at the time of defence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque-Cheques cannot issued for valuable consideration if obtained by complainant blank without even mentioning the amount or date - Offence u/s.138 not committed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal in default - Complaint fixed for recording preliminary evidence - Non appearance of complainant - Instead of dismissing the complaint in default Magistrate ought to have adjourned the complaint to another date...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal for non appearance of complainant when complaint was fixed for recording preliminary evidence - Provision of S.256 Cr.P.C. comes into play only when the summons have been issued on a complaint for the appearance of the accused - It is not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of loan amount and not demand for payment of cheque amount and further demand of damages on account of mental torture - Demand not in accordance with requirement of the provision of S.138 of the Act - Complaint founded on this demand notice is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - In no way absolve statutory liability cast upon accused - Accused liable to be punished u/s 138 of the Act...........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Savings Bank Act, Section 14 - Post Office Savings Bank Manual, para 42(b) - Post office Savings Bank Account - Refusal to honour cheques twice - Complainant fulfilled the prescribed procedure - Suppression of fact by appellant-OP about issue and making payment on presentation of third cheque - The same not done..........
