Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Liability of company where substantive sentence is provided - A company can be proceeded against in a criminal proceeding even where imposition of substantive sentence is provided for...........
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22A -- Dishonour of cheque - Company - Declared a sick company by Board of Industrial Financial Reconstruction - Thereafter company making purchases and issuing cheque without disclosing that company is declared sick - Cheque dishonoured - Complaint cannot be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheque - Bank account attached by Court - Accused not liable - Act of attachment of bank account of drawer cannot be said to be a voluntary act of the drawer...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque without having sufficient balance in the account of the drawer does not by itself tantamount to the commission of an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Parties compromised - A new cheque in lieu of cheque dishonoured issued - Second cheque also dishonoured - Complaint on the basis of second cheque is not maintainable as second cheque issued in terms of compromise does not create a new liability - As the compromise did not fructify, the same..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ingredients of the provision are : (i) that there is a legally enforceable debt; (ii) that the cheque was drawn from the account of bank for discharge in whole or in part of any debt or other liability which presupposes a legally enforceable debt; and (iii) that the cheque so issued had been returned..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act - Offence u/s 138 of the Act can never be tried as warrant case...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Directors and officers of company - As regards Directors there was an averment that being Directors of the Company they were incharge of the affairs of the Company - No reason to quash summoning order against them - As far as officers of company..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Evidence on affidavit by the complainant - Sufficient compliance as provided in S.200 Cr.P.C. - Personal appearance of complainant for his examination not required...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by way of security - Plea that dishonour of such cheque does not attract criminal liability - There was interpolation in amount written in numbers - Fact of interpolation corroborated by expert evidence - Conviction without considering legal plea and without giving satisfactory reasons for..........
