Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability - Merely because somebody is managing the affairs of Company, per se he would not become in charge of the conduct of business of company or the person responsible to company for conduct of business of company...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability - Averments in complaint are insufficient to attract mandatory provisions u/s 141(1) of the Act to create vicarious liability upon appellant - Complaint qua appellant quashed...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Signature on cheque not disputed by accused - Accused neither replied to demand notice nor he led any rebuttal evidence in support of his case - However, theory of blank cheque being misused has been suggested to complainant during cross-examination which was denied by..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Restoration of complaint - Once the addressee has not claimed the summons then it is necessary to issue non bailable warrants - Complaint dismissed for not taking steps - Order is erroneous - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in seven cases - Concurrent running of sentences - Accused is languishing in jail since 7.11.2017 and in none of cases provisions of S.427 Cr.P.C was taken note by Courts below - Sentences passed in all the criminal cases u/s 138 of the Act would..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Court while sentencing accused for offence u/s 138 of the Act has to keep compensatory part in mind which has to be commensurate to cheque amount and not to exceed twice the amount, so that it can be appropriated towards the compensation payable to complainant u/s 357 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Notice was sent to accused in accordance with provisions of the Act - Telegram was also sent to accused and in response he requested to present the cheques again for repayment - By making such request it reveals that no letter to stop payment had been moved by accused to Bank as alleged..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of right of cross-examination of accused - Several opportunities though were given to accused to cross-examine complainant however, grounds and reasons shown by accused for failure in doing cross-examination seem to be justified - One more opportunity of conducting cross-examination by accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account closed - When cheque is dishonoured for the reason `account closed', it cannot be presumed that accused has not issued the cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account closed - When cheque is dishonoured for the reason `account closed', it cannot be presumed that accused has not issued the cheque...........
