Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Nothing in complaint to show that accused Nos.1 & 2 were responsible for conduct of business of the company at relevant time and nothing to show that accused Nos.1 and 2 conspired with or abetted accused Nos.3 & 4 in respect of alleged offence - Proceedings against accused Nos.1 & 2..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent through registered post at correct address - Received back with postal endorsement 'Addressee not present at time of delivery' - It is due service...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred debt - Cheque issued to pay the time barred debt - It revalidates the debt - By not making the cheque payment inspite of demand, accused commits an offence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred debt - Cheque issued to pay time barred debt - Has the character of legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused that blank cheque as security was given and even after repayment of loan cheque was misused - Accused admitted in his cross examination that cheque was given to repay the debt - No merit in contention that blank cheque was given - No ground to interference in concurrent finding of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Cheque amount 4 lakhs - Accused sentenced to two years imprisonment and to pay compensation of Rs.5 lakhs - Sentence reduced to one year imprisonment but order of compensation upheld...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Partner - Liability - There must be a specific allegations and averments regarding the role played by such a partner - Bald allegation that such a partner took active part in the day-to-day business affairs of the firm without any material in support thereof is not sufficient -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Every request to forward cheque to expert need not be blindly granted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Rebuttal does not have to be conclusively established but such evidence must be adduced before the Court in support of the defence that the Court must either believe the defence exists or consider its existence to be reasonably probable - The standard of reasonability being..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Director - Vicarious liability - Must be pleaded and proved - It cannot be a subject matter of mere inference...........
