Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Consisting of two partners - Cheque signed by both the partners - Complaint against firm and both the partners - No pleading in complaint that at the time the offence was committed both the partners were incharge and responsible to the firm for the conduct of business of the firm..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Pleading as to requirement of S.141 of the Act - Held, complaint has to be read as a whole - If the substance of the allegations made in the complaint fulfills the requirements of S.141 of the Act then complaint has to proceed and is required to be tried with - In construing a..........
Criminal Procedure Code, 1973, Section 203, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Application for dismissal of complaint - On ground of non-expiry of period of 15 days - If cognizance has been taken within 15 days, then proceedings shall stand quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Legally enforceable debt - Defence of accused is that an agreement has been entered into between himself and complainant for supply of milk and by way of security accused had handed over two blank signed cheques and complainant has misused said blank cheques by filling an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by wife of deceased payee of cheque - Legal representatives of a payee or holder in due course are entitled to the legal possession of the instrument and further to receive and recover the amount covered under the instrument from the drawer - Complaint by wife of deceased payee is maintainable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheques - Drawer issuing notice not to present the cheque as there is some dispute with regard to amount - Accused also directed bank to Stop Payment - Cheque presented and dishonoured - Offence u/s 138 of the Act is made out - Complaint cannot be quashed once offence is made out and defence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - Fresh cheques issued - Agreement stipulated that complaint will continue till all the fresh cheques issued were honoured - Complaint cannot be quashed on the ground that parties have compromised...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Sleeping partner - Quashing of proceedings - Allegations in the complaint that petitioner is a partner and responsible for the affairs of the company - Offence against petitioner whether made out can only be decided after parties lead evidence - Petition to quash proceedings against..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Civil suit also filed for recovery of the cheque amount - Proceedings u/s 138 of the Act cannot be quashed on ground of filing of civil suit for recovery of cheque amount...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Delay - Accused summoned and thereafter some evidence recorded - Held, once the evidence is already recorded in the complaint then it is not a fit case for quashing the complaint...........
