Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Every person who is in-charge and responsible for day-to-day affairs of company is liable to be prosecuted - Complaint proceedings cannot be vitiated on ground that company not arrayed as co-accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Cheque issued from an account not maintained by accused but by someone else - Accused cannot be prosecuted as one of the ingredients that cheque must have been issued on an account maintained by him not fulfilled - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - To constitute the offence, ingredients required to be fulfilled are : (i) a person must have drawn a cheque on an account maintained by him in a bank for payment of a certain amount of money to another person from out of that account; (ii) The cheque should have been issued for the discharge, in whole..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - An offence is committed u/s 138 of the Act only when all the ingredients of the offence are satisfied...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Issuance of cheque admitted - Presumption u/s 139 is applicable that cheque was issued towards discharge of a debt or liability until the contrary is established by the maker...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Burden is on accused to prove that dishonour of cheque was not due to insufficiency of funds and that there was valid cause including absence of any debt or liability for the stop payment...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Conviction - Cheque amount Rs.49, 000/- Accused sentenced 3 months SI and to pay fine of Rs.5, 000/- - Case pending for 11 years - Sentence reduced till rising of Court - Accused to pay compensation of Rs.60, 000/- to complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in discharge of liability - Subsequently demand draft issued to discharge the liability - Cheque presented and dishonoured - Complaint filed - Complainant not admitting the fact that by issuing the demand draft accused had discharged their liability arising under the cheque in dispute - In..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Dishonour of cheque on the ground of stop payment is dishonour of cheque within the meaning of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Director or officer of company signatory of cheque - Can be prosecuted even in absence of an averment that they are in charge of and responsible for the conduct of business of the company...........
