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, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Vicarious liability - It is evident from record that present petitioner is director and share-holder of company and company runs business of giving software solutions to its customers - Apart from this, company..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Surety or guarantor are liable u/s 138 of Act in view of words "Any debt or other liability"...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - As per S.139 of the Act there is presumption in favour of holder of cheque - As per S.118 of the Act there is presumption relating to (a) Consideration; (b) Date; (c) Time of acceptance; (d) Time of transfer; (e) Order of endorsement; (f) As to stamps; (g) Holder is a holder in due course...........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Presumption relating to fact of dishonour of cheque - When bank slip is issued by bank with remarks "Insufficient funds" there is presumption relating to fact of dishonour of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Insufficient funds - Issuance and dishonour of cheque is proved on record - Demand notice given to accused was also proved on record - Cheque was duly signed by accused - It is proved on record that despite demand notice accused did not pay the amount due - Testimonies of CW1, CW2 are trustworthy,..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(as - - Dishonour of cheque - Territorial jurisdiction - Place where a cheque is delivered for collection i.e. the branch of bank of payee or holder in due course, where drawee maintains an account, would be determinative of place of territorial jurisdiction...........
