Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Proprietorship firm - Complaint can be filed by (a) by the proprietor describing himself as the sole proprietor of the firm; (b) by firm through sole proprietor; (c) by sole proprietor or sole proprietorship firm through attorney holder under a power of attorney executed by the sole proprietor...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Accused was not drawer of cheque - Cheque issued by deceased partner of accused from his personal account - Complainant failed to demonstrate and prove a nexus of said personal account to be integral part of account of business - It was also not proved that at the time when..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company or firm - Complaint company deputed PW1 as power of attorney to tender evidence on behalf of company - Board of company never expressly or impliedly disrobed PW1 for acting on behalf of company - Dismissal of complaint on ground that complainant has not succeeded in discharging..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured with endorsement (i) refer to drawer or (ii) exceeds arrangement; or (iii) instruction for stop payment and like other usual endorsement - Held, it amounts dishonour within meaning of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Payment if not made within notice/stipulated period - Held, statutory presumption would be of dishonest intention exposing to criminal liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Managing Director of Company issued cheque - Proceedings against Director who was not statutory Director quashed - It is Managing Director who is liable to make the payment...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint on the basis of second notice - Complaint is maintainable so long as it satisfies the requirements stipulated under the proviso to S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142, Constitution of India, 1950, Article 226, 227 -- Dishonour of cheque - Complaint - Quashing of proceedings - Held, it is not proper for High Court to entertain writ petition to quash proceedings of a subordinate Court under superintendence of another High Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Complaint quashed - Liberty given to file fresh complaint accompanied by an application for condonation of delay...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures differ - An offence is made out when signatures differ, if there were not sufficient amount in the account of accused to honour the cheque...........
