Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Discharge of liability - Cheque issued for settlement of trade liabilities - Forms valid consideration - Dishonour of cheque justifies penal action u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Power of attorney can file the complaint on behalf of payee or holder-in-due-course...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 302, Power of Attorney Act, 1882, Section 2 -- Dishonour of cheque - A duly authorised power of attorney can file complaint on behalf of the payee or holder-in-due-course - So long as power of attorney does not seek to conduct prosecution on behalf of payee or holder in due course,..........
Negotiable Instruments Act, 1881, Section 138, Power of Attorney Act, 1882, Section 2 -- Dishonour of cheque - Power of attorney can give evidence in Court on behalf of payee or holder-in-due-course, if facts necessary to secure conviction are within his personal knowledge...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Managing Director and Director - Liability - In case of Managing Director a presumption arises that the offence is committed with his active knowledge, consent or supervision for the reasons by virtue of the designation of his office - It is not so in case of Directors - To fasten..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Director - Liability - An essential ingredient of an actionable complaint, where liability is fastened on the shoulders of a Director, would be to aver that the person concerned was in charge of and was responsible to the company for the conduct of the business of the company...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.4 lacs - No document produced in support of loan amount - Held, this in itself is insufficient to displace the presumption available to the complainant...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Consideration - Failure on part of complainant to prove consideration - Failure also on part of accused to prove that he did not get the consideration - Presumption in favour of complainant continues and failure of complainant is not sufficient to lead one to the conclusion that presumption is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Misuser of blank cheque - Reply to statutory notice not given - `Stop instructions' not issued to bank - Unusual conduct of accused - Failure of accused to rebut the presumption - Accused, held, guilty u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise during pendency of appeal - Written compromise also filed - Conviction set aside - Accused acquitted...........
