Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Proceedings against petitioner without arraying the firm as an accused - Held, once it is established that it is partnership firm and cheque was issued by managing partner of firm, arraying firm as an accused is necessary - Proceedings against petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Partnership firm - Petitioner shown as proprietor and reply to notice not given - Adverse inference cannot be drawn against petitioner...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Power to award compensation is not available u/s 138 of the Act - It is only when Court determines the amount of fine that question of paying compensation out of same would arise - Fine cannot go beyond twice the cheque amount...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Imprisonment and fine - Court can impose fine only without imposing sentence of imprisonment - Court can reduce the period of imprisonment depending upon the nature of transaction, bona fides of the accused, the contumacy of his conduct, the period for which the prosecution goes on, the amount of the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Summoning order - Revision against - Revisionist personally did not have legally enforceable debt or liability towards complainant/opposite party No.2 - Facts of complaint do not disclose ingredients of offence u/s.138 of N.I. Act against revisionist -..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 118, 139 -- Accused in business of production of feature films obtained Rs.56,00,000 as hand loan from complainant - Cheque drawn for repayment of loan was returned unpaid with endorsement "Account Closed" - Police after investigation in complaint field charge-sheet - Accused convicted by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Cheque issued in favour of proprietorship firm - Complainant not owner of proprietorship firm - Complaint not filed through general power of attorney - Nothing on record to show that complainant had at any point informed accused that he was not owner of proprietorship firm -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Court within whose jurisdiction cheque was presented for encashment has jurisdiction to entertain the complaint filed u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Power of attorney holder (i) Complaint can be filed through power of attorney holder (a) if he is aware of the transactions; (b) an explicit assertion is made about his knowledge of the transaction in the complaint; (ii) Power of attorney holder can initiate criminal proceedings on behalf of the..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Magistrate can summon an accused on the basis of contents of complaint, documents in support thereof and affidavits filed in support of complaint - However, Magistrate can call complainant and/or his witnesses so as to examine them on oath for taking a decision whether or not to issue process...........
