Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Joint bank account holders cannot be prosecuted unless they are signatories to dishonoured cheque...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Joint account holders - Vicarious liability - S.141 of the Act which deals with vicarious liability applies only to companies and partnership firms and not to individuals...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Joint account holders - Vicarious liability - Cheques in question were issued from a joint bank account maintained by co-accused and applicant - However cheques were signed solely by co-accused - Applicant not being a signatory to cheques cannot be held liable for offence u/s 138 of the Act -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Central Service Co-operative Bank - Plea that Co-operative Bank does not fall within definition of `Banker' u/s 3 of the Act as it is not licensed by Reserve Bank of India - Supreme Court has emphatically held that essence of "banking" lies in the acceptance of deposits from the public repayable on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Withdrawal slip drawn on a co-operative Bank - Plea that instrument in question cannot be treated as a cheque is devoid of any merit - Substance of transaction, and not its form or nomenclature, is determinative - If the instrument operates as a mandate for payment drawn on an account maintained with an..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Quashing of complaint - Dishonour of cheque whether on account of `insufficient funds' or on account of freezing of account of petitioner - It is a matter of trial - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In order to become liable for offence u/s 138 of the Act, accused is required to have control over account when cheque becomes due for presentation/realization...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Debit freezement - Where drawer of cheque has no control or authority over account in the case of debit freezement, offence u/s 138 of the Act is not made out...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Production of documents - Case fixed for arguments - Documents in question are statement of account being maintained by public bank in usual course of its business - Documents are necessary in order to prove transactions between parties for showing existing..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Right to lead complainant's evidence closed - Complainant seeking her recall for her further cross-examination - Complainant had been neither diligent nor serious about leading her evidence - Matter remained pending for recording complainant's evidence from..........
