Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Cheque issued in favour of proprietorship firm - Complainant not owner of proprietorship firm - Complaint not filed through general power of attorney - Nothing on record to show that complainant had at any point informed accused that he was not owner of proprietorship firm -..........
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 - Conviction - Validity - Whether petitioner/accused could have been convicted on ground that he issued cheque as general attorney of Proprietorship firm? - Held, yes, vide this power of attorney sole proprietor of Proprietorship Firm constituted petitioner/accused as her lawful general power of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint signed by lady as proprietor of firm - Statutory notice issued by her - Her Power of Attorney examined himself on behalf of her principal deposed that he was given power only for prosecuting complaint - Power of Attorney holder, neither has any personal knowledge of entire transaction,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Only the power of attorney, agent or a person authroised in writing by the payee or holder in due course of the cheque, is a competent person to present the complaint - Demand notice issued and complaint filed by a person describing himself as proprietor of firm, when in fact he is..........
Telephone shifting -- Partnership firm - Power of Attorney - Locus standi - Once partnership stood dissolved this power of attorney has no validity - As per law the power of attorney holder could not have filed a complaint in his own name - It had to be filed in the name of persons who have given the power of attorney - Since the partnership stood dissolved and telephone..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Proprietorship concern - Complaint u/s.138 of the Act - Complaint can by filed (i) by the proprietor of the proprietary concern, describing himself as the sole proprietor of the `payee'; (ii) The proprietary concern, describing itself as a sole proprietary concern, represented by its sole..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Proprietorship concern - Power of Attorney holder - Complaint filed by proprietorship firm through power of attorney holder - Complaint signed by power of attorney holder and not by proprietor - Held, complaint is duly filed by the payee...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Quashing of complaint - Plea that no notice was given to the petitioner as required under Section 138 proviso (b) and Special Power of Attorney was not authorized by the proprietor of the firm to institute complaint against him as he was sleeping Director repelled - The..........
