Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Order to pay 20% of double amount of cheque amount - Complaint was instituted in 2013 while amendment to S.143-A of the Act was introduced in 2018 - Unless it is expressly provided, retrospective application of provision is not permissible - Order to deposit 20% of double amount of cheque amount..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Petitioner already resigned from the post of Director of company before cheque was dishonoured - He did not have any association with Company since his retirement - No liability therefore can be affixed upon such director - Proceedings qua petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Mere designation as a director does not conclusively establish liability u/s 138 r/w S.141 of the Act - Liability is contingent upon specific allegations demonstrating the director's active involvement in the company's affairs at the relevant time...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Non-executive Directors cannot be held liable u/s 138 of the Act, unless specific evidence proves their active involvement...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Non-executive director - Appellant was neither a signatory to dishonoured cheques nor was he actively involved in the financial decision making of company - Complaint does not contain any specific averments detailing how Appellant was responsible for dishonoured cheques - Role..........
Evidence Act, 1872, Section 138, Criminal Procedure Code, 1973, Section 161 -- Cross examination - Confronting witness with his statement recorded u/s 161 Cr.P.C. - Confronted portion reproduced in brackets - Such marked portion must be proved through I.O. - Unless such marked portion is duly proved, it cannot be reproduced in the deposition of witnesses...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Petitioners are Directors of company - However, cheque was issued under signature of Managing director - Vicarious liability would only be placed on persons who were responsible for conducting day to day business of Company - Since petitioners were never associated..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question was not issued by petitioner but by a third party - Since petitioner is not drawer of cheque, he cannot be held, liable u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - To prosecute a person u/s 138 of the Act, cheque must have been issued by accused for discharge, in whole or in part, of a legally enforceable debt and it must have been returned unpaid for want of funds...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Director who is in charge of Company and a Director who was responsible to Company for the conduct of business, are two different aspects - Both the ingredients of S.141(1) of the Act must be incorporated in the complaint...........
