Negotiable Instruments Act, 1881, Section 138, 141(1) -- Dishonour of cheque - Company - Complaint against company and its directors for dishonour of cheque - Director sought quashing of summoning order on the ground that complainant has not stated in the complaint as to how the petitioner/director has been made an accused or was in charge of the business of the company at..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Pleadings in the complaint and averments in affidavit specific about place of cause of action and jurisdiction of Court - Complainant need not to examine witnesses to prove place of cause of action - Order dismissing complaint at pre-cognizance stage stating that no witness was examined..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed by attorney in his own name as constituted attorney - Complainant was neither payee nor holder of cheque in due course - Attorney no where claimed that he had entered into the transactions on behalf of the payee and that he alone was conversant with the said transactions of the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed by attorney in his own name - If power of attorney is not in-charge of the business and does not have the personal knowledge of the transactions, he cannot make a statement u/s 200 Cr.P.C. to verify the facts of the complaint...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution of directors - Complainant-respondent has specifically mentioned in complaint that petitioners No.2 and 3 are authorized signatories and they had issued cheque - They are i, charge of and responsible for day to-day management and affairs of company - Held, averments..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of directors - Allegation against petitioners No.4 to 9 is that they are also responsible for day to-day management and affairs of company and that they were also present at the time of handing over of cheque - It has not been shown as to how and in what manner the said..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Applicability of S.202 of CrPC - Jurisdiction of Court - Choosing of - Held, complainant can choose any one of the court having jurisdiction over any one of the local areas in which any one of the five acts i.e. drawing of cheque, Presentation of cheque to..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Dishonour of cheque - Want of specific demand - Validity of legal notice - Held, if in notice an omnibus demand is made without specifying what was due under dishonoured cheque, notice might well fail to meet legal requirement and may be regarded as bad..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Dispute as to loan amount and plea that a blank cheque was issued as security - An entry in the ledger book and income tax return containing the balance sheet showing a particular amount standing against the name of the accused - Held, this by itself is not sufficient to establish that there..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Revision - Concurrent finding by Courts below on the issue of fact that appellant had issued cheques against a liability and cheques were dishonoured and petitioner failed to pay amount despite demand notice - Both Courts had considered defence taken by petitioner that cheques were not..........
