Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Offence by company - Form no.DIR-11 clearly evidences that petitioner resigned on 15.06.2016 and was no longer responsible for conduct of business of accused no.1 company on the date of commission of offence - Even, cheque in..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Sole Proprietorship firm - Principle contained in S.141 of Act is not applicable to a sole proprietary concern...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Sole proprietorship firm - Complaint filed against sole proprietor without impleading firm - No requirement to implead sole proprietary concern as an accused - Principle contained in S.141 of the Act is not applicable to a sole proprietary concern...........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of order taking cognizance - Points raised by accused cannot be considered by Court u/s 482 Cr.P.C - Proceedings cannot be quashed at this stage - Petition for quashing held, dismissed...........
Negotiable Instruments Act, 1881, Section 138, 145(2), 143A -- Dishonour of cheque - Failure of accused to deposit a sum equivalent to 20% of cheque amount within a period of 60 days thereby which trial Court rejected application filed by accused u/s 145(2) of the Act - Validity of said order - Once an order is passed u/s 143-A of the Act directing payment of interim..........
Negotiable Instruments Act, 1881, Section 138, 145(2), 143A -- Dishonour of cheque - Failure of accused to deposit a sum equivalent to 20% of cheque amount within a period of 60 days thereby which trial Court rejected application filed by accused u/s 145(2) of the Act - Validity of said order - Merely because application is filed u/s 145(2) of the Act, accused would not..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partners of a firm arrayed in their individual capacity - However body of complaint clearly mentions that applicants are partners - Lapse to make a proper mention in the cause title of complaint does not by itself disentitle complainant who has a claim to make and who has entitlement to file a..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Initiation of proceedings by accused under SARFAESI Act for recoveries against complainant - Proposal by accused that such recoveries could be adjusted against the dues of the firm and accused can be exonerated from the present criminal process - There is no scope of any adjustment under the Act..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Quashing of FIR - Compromise arrived at between parties - Bank withdraw the complaint u/s 138 of Negotiable Instruments Act - Since main petition u/s 138 of Negotiable Instruments Act stands withdrawn in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- - Dishonour of cheque - Quashing of proceedings - Disputed questions of fact - Court in exercise of its inherent jurisdiction is not expected to meticulously analyze facts and evidence, as it is matter of trial to be seen during trial - Issuance of cheque is an undisputed fact -..........
