Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability of director - Held, to make a director of a company vicariously liable for the acts of company, it is obligatory on the part of complainant to make specific allegation as are required in law - In the instant case, apart from company, three directors..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - No notice was admittedly sent to petitioner/director before filing complaint u/s 138 of NI Act - Complaint liable to be quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - As per averments in complaint, statutory notice and examination of complainant, cheque was issued by petitioners in discharge of alleged debt or liability - Complaint cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Application for examination of signatures on disputed cheque by handwriting expert filed by accused at stage of examination by defence - Cheque was returned by Bank for `insufficient funds' and not on ground `difference in signature' - Held, application filed at belated stage - Magistrate himself can..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Order of acquittal should not be disturbed unless the conclusions drawn on the evidence on record are found to be grossly unreasonable, perverse and palpably unsustainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Cheques issued on behalf of Hindu Undivided Family - Cheques signed by the person who has no authority, though he is a relative of the Karta and the complainant - Held, signatory of the cheque rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal in default - Wrong noting of date by clerk - Discretion to dismiss the complaint on the technical ground of non appearance of the complainant should be exercised judicially and fairly without impairing the cause of administration of criminal justice - Complaint restored and Court to proceed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Jurisdiction - Cheque presented at Srinagar - Bank memo regarding non encashment received at Srinagar - Notice issued at Srinagar - Offence under Section 138 of the act consists of various acts like drawing of cheque, presentation of cheque to the bank, returning of cheque unpaid by drawee bank, giving..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Offence contemplated u/s 138 consist of 5 components i.e. drawing of the cheque, presentation of cheque to the bank, returning the cheque unpaid by the drawee bank, Notice in writing to the drawer of the cheque demanding payment of the cheque amount and failure of the drawer to make..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401(2) -- Dishonour of cheque - Conviction - Revision against - Death of accused during pendency of revision - Revision does not abate - Revisional court to modify sentence imposed against accused by courts below as might be warranted to advance ends of justice...........