Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence is not compoundable when complainant is not ready and willing...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Complainant received the cheque amount and executed a receipt - Nothing on record to suggest that receipt in question had not been signed by complainant - Held, since complainant had received amount in question, therefore, trial Court rightly ordered acquittal of accused - Appeal..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - No averment in complaint that Director is in charge and responsible to the company for the conduct of its business - Proceedings against Director quashed...........
Criminal Procedure Code, 1973, Section 245, 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused filing application u/s 245 Cr.P.C. before trial Court - Accused also filing petition u/s 482 Cr.P.C. in High Court but concealing fact of filing application u/s 245 Cr.P.C. in the trial Court - It is not concealment of material fact - An..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Parties amicably settled their dispute - Cheque amount paid - Complainant has no objection if complaint in question is quashed - Complaint and all consequential proceedings quashed...........
Negotiable Instruments Act, 1881, Section 20 -- Incomplete negotiable instrument - Holder of a cheque has a right to complete an incomplete negotiable instrument - However, no person other than the holder in due course shall recover from the person delivering the instrument anything in excess of the amount intended by him to be paid therein...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of multiple cheques - Single complaint - Maintainability - Held, in case of dishonour of multiple cheques presented together for which a consolidated single notice has been issued, tantamounts to commission of a single offence u/s.138 of the Act after prescribed period of receipt of notice on no, payment of amount..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Vicarious liability - Some of the Directors alleged to be consulted in taking decisions by other Directors - Two of Directors who were consulted challenged their prosecution - Absence of necessary averments qua them that they are in charge and responsible for the conduct of the business..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Every person who was in charge and responsible to the company, at the time offence was committed, is guilty of the offence u/s 138 of the Act - There must be necessary averments to this effect in the complaint - If reading of the complaint shows substance of accusation..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Once it is established that it is partnership firm and cheque was issued by the managing partner of firm, arraying the firm as an accused is necessary...........
