Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Liability of person involved in the management of company - Closely held company belonging to one family - Petitioner is the largest shareholder in company - In such circumstances, it is not possible, at this stage to hold that petitioner was not involved in the management of..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Territorial jurisdiction of Court - Court where bank of payee where cheque is presented for payment is situated, would have territorial jurisdiction to entertain complaint, as per amended provisions of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Territorial jurisdiction of Court - Complaint of complainant returned to be presented before Court of competent jurisdiction - Complainant immediately assailed the said order by filing present proceedings - Present proceedings would be deemed to be continuation of proceedings before trial..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender and registration of FIR u/s 174-A IPC - Report of process server that accused has shifted from the address given in the complaint - No evidence that accused was residing at the given address or that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of Cheque - Quashing of complaint - Notice - Plea of non service of notice - Complainant produced certain documents to show that such notice was sent by registered post in the given address and service of same is authenticated by postal department - Moreover, Court cannot..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Delay in filing complaint - Complainant in his complaint specifically narrated circumstance that despite repeated requests to postal department, no acknowledgement of notice was furnished - It was in these circumstances complainant issued a second notice - Complainant indicated adequate and sufficient..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-impleadment of Sole proprietary - Accused running a Sole proprietary concern - It was neither a partnership firm nor a company nor any other association of persons - Provision of S.141 of the Act thus, not applicable - Complaint lodged against accused in his capacity as sole proprietor of Sole..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Delay in prosecuting case - Complainant took no steps to serve accused - Even complainant remained continuously absent - Case remained pending without any step being taken by complainant to prosecute the same - It is onerous duty of complainant to prosecute complaint/proceedings diligently - No..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Accused can be summoned on the basis of affidavit of complainant - Complainant is not required to be examined on oath for taking cognizance of complaint...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 220 -- Dishonour of cheques - Four cheques - Single complaint - Magistrate at the time of framing charge has to decide whether all the four cheques pertain to the same transaction - If it is so, then single complaint is maintainable - In case all the four cheques do not relate to the same..........
