Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account of husband and wife - Cheque drawn by husband - Wife neither signed nor issued the cheque - Drawer of a cheque from a joint account of `Either or survivor' draws the cheque only for himself and the other drawer cannot be made liable for the offence u/s 138 of the Act - No liability can be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - If offence u/s 138 of act is committed bya company, constructive liability is created on the persons responsible for the conduct of business of company - However, liability u/s 141 of Act,arises on account of conduct, act or omission on the part of an officer and not merely on..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Accused Nos.2 & 3 are whole-time Director and Executive Director of company and they were in charge of day to day affairs of Company - There are specific averments in the complaint for issuance of summons against said accused persons - Complaint makes out a case against accused..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Vicarious liability - It is evident from record that present petitioner is director and share-holder of company and company runs business of giving software solutions to its customers - Apart from this, company..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Surety or guarantor are liable u/s 138 of Act in view of words "Any debt or other liability"...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - As per S.139 of the Act there is presumption in favour of holder of cheque - As per S.118 of the Act there is presumption relating to (a) Consideration; (b) Date; (c) Time of acceptance; (d) Time of transfer; (e) Order of endorsement; (f) As to stamps; (g) Holder is a holder in due course...........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Presumption relating to fact of dishonour of cheque - When bank slip is issued by bank with remarks "Insufficient funds" there is presumption relating to fact of dishonour of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Insufficient funds - Issuance and dishonour of cheque is proved on record - Demand notice given to accused was also proved on record - Cheque was duly signed by accused - It is proved on record that despite demand notice accused did not pay the amount due - Testimonies of CW1, CW2 are trustworthy,..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(as - - Dishonour of cheque - Territorial jurisdiction - Place where a cheque is delivered for collection i.e. the branch of bank of payee or holder in due course, where drawee maintains an account, would be determinative of place of territorial jurisdiction...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(as - - Dishonour of cheque - Territorial jurisdiction - All criminal complaints for dishonour of cheques pending as on 15th June 2015 in different Courts in India would be transferred to Court which has the jurisdiction to try such case, i.e. such pending cases would stand transferred to Court having jurisdiction over..........
