Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Notice - Offence by company - Where drawer of dishonoured cheque is company, then statutory demand notice shall mandatorily be served on drawer company, but separate individual notices to individual directors and officials of company is not mandatory...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Where drawer of dishonoured cheque is company, then prosecution for offence u/s 138 of the Act is not maintainable without arraying principal offender (drawer of cheque) as accused in such complaint...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - If no offence is made out against accused/drawer company, then question of convicting individual directors and officials of that company on basis of vicarious liability u/s 141 of the Act does not arise...........
Negotiable Instruments Act, 1881, Section 138, 142A -- Dishonour of cheque - Territorial jurisdiction - Compliant can be filed within the jurisdiction of Court, where payee bank is situated, as per S.142(2)(a) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142A -- Dishonour of cheque - Amendment to S.142-A of the Act - Amended provision has a retrospective operation...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Summary trial or summons trial - Evidence of witnesses recorded in verbatim and not merely substance of evidence - De novo trial by successor Magistrate not required - Successor Magistrate will recommence proceedings from the stage where it was stopped by..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Signatures admitted, while leaving the cheque blank, thereby giving prima facie authority to the holder thereof to make or complete it as a negotiable instrument, for any amount specified therein - Question as to whether any authority was given to the..........
Negotiable Instruments Act, 1881, Section 138, 142, 147 -- Dishonour of cheque - Compounding of offence - Cheque amount though was Rs.60,000 out of it a sum of Rs.50,000 already paid by accused to complainant before institution of complaint - Complaint filed only with regard to remaining amount of Rs.10,000 - Joint application u/s 142 of the Act filed by parties with a..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence u/s 138 of the Act is committed at the time of dishonour of cheque by bank from which the cheque is drawn...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability - Company officials concerned can be arrayed as accused in a complaint only if such person was in charge of and responsible for conduct of business of company at the time of offence was committed...........
