Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Offence by company - Existing debt - Blank cheque - Signed blank cheque misused by complainant after almost 17 years - Such misuse can be inferred from indirect threats given in statutory notice itself that if amount is not paid, then complainant will fill up signed blank..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Offence by company - Complaint u/s 138 of the Act - Where offence u/s 138 of the Act is committed by company, complainant is required to give serious thought and make enquiries and ascertain the fact as to whether particular director is incharge of and responsible for affairs..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Offence by company - Complaint u/s 138 of the Act - In absence of cogent material, no liability can be fastened on Non-Executive Director which includes office bearers concerned with accounts department of company...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Notice - Plea that there was no proper service of notice - However, failure to make payment within 15 days of receipt of summons from Court along with copy of complaint - Accused cannot contend that there was no proper service of notice...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction - Complaint filed in the year 2012 - Benefit of Amended Act of 2015 would not be given to petitioner, as claimed by petitioner - Moreover, entirely a new plea of territorial jurisdiction has been raised by petitioner - No such plea had been raised either before Trial Court..........
Negotiable Instruments Act, 1881, Section 138, 141, Companies Act, 1956, Section 446, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint u/s 138 of the Act - Offence by company - Company under liquidation and entire administration of company taken over by official liquidator - Complainant is not seeking intervention of criminal Court in respect of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proceedings u/s 138 of the Act - Summary in nature being triable as summons case - But that does not absolve complainant from leading evidence to prove its case prima facie...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Reduction of sentence - Accused an old man aged 57 years and has already undergone more than 7 and half month out of awarded sentence - Accused is burdened with fine by way of compensation equal to cheque amount - Thus, matter calls for taking lenient view as accused is a desolate..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Reduction of sentence - Accused was convicted and sentenced to undergo R.I. for one year and to pay fine by way of compensation equal to cheque amount - Accused is 57 years of age and out of awarded sentence has undergone more than 7 and 1/2 months - Moreover, accused is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused convicted and sentenced to undergo R.I. for period of 1 year and to pay fine of Rs.2000/- and in default of payment of fine, to further undergo R.I. for period of 10 days in each complaint - As per evidence on record, accused is poor person of 60 years of age and only..........
