Negotiable Instruments Act, 1881, Section 141(2) -- Dishonour of cheque - Offence by company - Only direct involvement of any Director, Manager, Secretary or other officer of a company in the commission of an offence, would make such officer liable u/s 141(2) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - If offence u/s 138 of act is committed bya company, constructive liability is created on the persons responsible for the conduct of business of company - However, liability u/s 141 of Act,arises on account of conduct, act or omission on the part of an officer and not merely on..........
Negotiable Instruments Act, 1881, Section 141(2) -- Dishonour of cheque - Offence by company - In order to bring a case u/s 141 of Act, complaint must disclose the necessary facts which makes a person liable...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Accused Nos.2 & 3 are whole-time Director and Executive Director of company and they were in charge of day to day affairs of Company - There are specific averments in the complaint for issuance of summons against said accused persons - Complaint makes out a case against accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.3.21 crores - Account settled through a mutual meeting and net payable amount reduced to Rs.2.87 crores - Notice issued demanding Rs.2.87 crores - However, on account of subsequent talks between parties an amicable settlement arrived at - Amount agreed to be paid Rs.1.80 crores to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Non appearance of complainant - Dismissal in default - Amounts to acquittal as contemplated u/s 256 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Debt or liability - Promissory note executed - Word `security' used in promissory note - It implies that once amount is paid cheque has to be returned - In case amount was not paid then cheque was liable to be presented for otherwise there was no logic or reason for their having been issued and handed..........
Acquisition of shares -- Dishonour of cheque for buy-back shares - Appellant tendered consideration by Post-dated cheques which subsequently dishonoured and criminal proceedings had been initiated against appellant - Post-dated cheques amounted to a promise to pay and that promise would be fulfilled on the date mentioned on the cheque - At the time of making the public..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- As amended by Negotiable Instruments (Amendment) Second Ordinance, 2015 - Dishonour of cheque - Complaint - Territorial jurisdiction - Place where a cheque is delivered for collection i.e. branch of bank of payee or holder in due course, where drawee maintains an account would be determinative of place of..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- As amended by Negotiable Instruments (Amendment) Second Ordinance, 2015 - Dishonour of cheque - Complaint - Territorial jurisdiction - Cheque drawn at place `C' - Cheque presented for collection and dishonoured at place `I' - Court at place `I' has territorial jurisdiction to entertain the complaint u/s 138 of the..........
