Offence u/s 138 & 142 of the Negotiable Instrument Act - ...

Case Laws Companies Law

April 25, 2015

Offence u/s 138 & 142 of the Negotiable Instrument Act - Dishonour of cheques -an employee of the Company signed the complaint & DGM of the Company gave evidence as if he knows everything though he does not know anything. There is nothing on the record to suggest that he was authorized by the Managing Director or any Director - Prosecution proceedings were rightly quashed - SC

View Source

← Previous Next →

Offence u/s 138 & 142 of the Negotiable Instrument Act - ...

Case Laws Companies Law

April 25, 2015

You may also like:

Dishonor of Cheque - vicarious liability of the non-signing partners - It is settled that in terms of explanation of Section 141 of the NI Act, the expression “company”...

Interpretation of Section 141 of the Negotiable Instruments Act, which deals with vicarious liability for offenses committed by companies u/s 138 (dishonor of cheques)....

Dishonor of Cheque - Generally, in the criminal law, mens rea is an essential component of crime but dishonour of cheque is a criminal offence where there is no need to...

Dishonor of Cheque - prosecution against the person who signed the cheque or the person who has authorized the signatory - The law on the point is made very clear. When...

Offence under Section 138 Negotiable Instruments Act - When a blank cheque is signed and handed over, it only implies that the person signing it, and handing it over,...

Dishonor of Cheque - Insufficient Funds - Since, the drawer of the cheque was the accused Company, solely on the ground that the respondent had signed the cheque, a...

Section 142(2)(a), amended through the Negotiable Instruments (Amendment) Second Ordinance, 2015, vests jurisdiction for initiating proceedings for the offence under...

This case pertains to the dishonor of cheques and the challenge to cognizance and summoning orders. The key points are: The cheques were signed and issued by respondent...

Dishonor of Cheque - For proving offence under Section 138 of NI Act, it has to be established that the cheque has been issued by the accused to discharge a legally...

Dishonor of Cheque - cognizance of offences - when a company is the payee of the cheque based on which a complaint is filed under Section 138 of N.I. Act, the...

Dishonor of Cheques - legally enforceable debt or not - Rebuttal of presumption - The cheques pertain to these 4 cases, have been issued by the accused only to discharge...

Dishonor of Cheque - insufficient funds - privity of contract - where the person committing an offence under Section 138 of the N.I.Act is a company, every person, who,...

Criminal complaint pertaining to offence punishable under Section 138 of the Negotiable Instruments Act, 1881 - Dishonour of cheque - if a cheque is dishonoured because...

The Negotiable Instruments Act, 1881 was enacted to define and amend laws relating to promissory notes, bills of exchange, and cheques. Section 138, introduced through...

Dishonor of Cheque - failure to comply with the statutory formality of issuing a notice - It is not necessary to consider the question as to whether Exhibit P1 cheque...

Quick Updates: