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...Section 141 of Negotiable Instruments Act, both the firm as well as the individual can be proceeded with and hence the pro.... Section 141 of Negotiable Instruments Act deals with offences by companies. In the explanation of Section ..., Section 141 of Negotiable Instruments Act, which enables prosecution against the company as well as other person who at...
...Section 141, Negotiable Instruments Act, if the person committing the offence u/s 138 is a Company, then every person who ...Section 138 of the Negotiable Instruments Act is alleged to have been committed by the petitioner and others, may briefly be stated...G.S Chahal, J. (Oral):— Smt. Amrit Rani by means of this criminal misc. under Section 482 Cr. PC praying that the petition be accepted (sic) complaint Annexure P1 and the summoning order...
...has been filed only under Section 138 Negotiable Instruments Act and not under ...Negotiable Instruments Act and not under Section 141 Negotiable Instruments Act. It is rele...Section 138 of Negotiable Instruments Act in STC No.95 of 2020 pending on the file of the learned Judicial Magistr...
..., section 141 of the Negotiable Instruments Act, in letter and spirit is not attracted and therefore, the petitioners cann...conjointly considered along with section 141 of the Negotiable Instruments Act. In the absence of...section 141, Negotiable Instruments Act, only a drawer of the cheque will be liable under...
...others), under Section 138 read with Section 141 Negotiable Instruments Act, police station Bidhuna, district Auraiya within stipulated period.
3-Main substratum of arg...of learned counsel for the applicant is that the applicant is one of the accused in this case. The complaint under Section 138 read with Section 141 of Negotiable Instruments Act has been filed by...co-accused persons were summoned vide order dated 07.06.2022 to face trial under Section 138 read with Section 141 of Negotiable Instruments Act. Thereafter, the applicant has surrendered on...
....3. The High Court in its judgment opined that in terms of Section 141 of the Negotiable Instruments Act only those partners of a firm can be proceeded, who were in charge...terms of Section 141 of the Negotiable Instruments Act has been made in the complaint petition.4. Section 141 of the Negotiable Instruments ...of Judicature at Bombay, Nagpur Bench, Nagpur in Criminal Application No. 873 of 2006 whereby and whereunder the application filed by the respondents herein under Section 482 of the Code of Criminal...
...the petitioner alone and had initiated action under Section 138 and 142 of Negotiable Instruments Act which is in violation of Section 141 Negotiable Instruments Act; he....
5. A liability under Section 141 of Negotiable Instruments Act is vicariously fastened on a person connected with a company though the principal accused is the company itse...compliance of Section 141 of Negotiable Instruments Act, the company should have been impleaded as the first accused. Since the company is a juristic person and it has to perform its affairs only with the...
...are envisaged under Section 141 Negotiable Instruments Act. It would be worthwhile to reproduce the aforesaid...provision of Section 141 Negotiable instruments Act, as below:—141. Offences by companies - (1) i...in charge of and responsible for the conduct of business of the company. Therefore, they get covered under Section 141. So far as signatory of a cheque which is dishonoured is concerned, he is clearly responsible for the incriminati...
...concern is not a company. Company in terms of the Explanation appended to Section 141 of the Negotiable Instruments Act, means any body corporate and includes a firm or other association of individuals...2 and he was merely an employee thereof.12. If Accused 1 was not a company within the meaning of Section 141 of the Negotiable Instruments Act, the question of an...of an offence under Section 138 of the Negotiable Instruments Act alleging that a cheque dated 15-8-2002 was issued by Accused 2 to 6 for a sum of Rs. 2 lakhs drawn at Canara Bank which on...
...impleaded in this case and as the provision of Section 141, Negotiable Instruments Act was not complied with, there...Section 138, Negotiable Instruments Act. They contended that the second petitioner/second accused did not issue any cheque to...Section 138, Negotiable Instruments Act. Therefore, they contended that the Court below ought not to have taken cognizance of...
...Section 138 of the Negotiable Instruments Act cannot be taken against her, as the cheques were issued by another partner of the fir...the Negotiable Instruments Act is relevant and is being reproduced below:—“Section 141 of...Negotiable Instruments Act provides for offences by companies which reads as under: (1) If the person committing an offence under Section 138 is a...
...of CJM, Lunawada (now at Morvah) which is pending. Hence, the present petition.
3. Challenging the prosecution under Section 138 of the Negotiable Instruments Act, 1881 ("the N.I. ...under Section 138 of the Negotiable Instruments Act is concerned?
(II) Is the prosecution of the partners of a firm, by virtue of Section 141 of the ...wherever there is a reference under Section 141 to a company it has to be substituted by the word firm where the accused is a partnership firm and the provision has to be read as if it refers to the firm. What this means is that a c...
....
3. Challenging the prosecution under Section 138 of the Negotiable Instruments Act, 1881 ("the N.I. Act", for short) preferred against the present petitioner in capacity...Section 138 of the Negotiable Instruments Act is concerned?
(II) Is the prosecution of the partners of a firm, by virtue of Section 141 o....
19 The Explanation to Section 141 makes it clear that wherever there is a reference under Section 141 to a company it has to be substituted by the w...
...firm belonging to applicant no. 2 Ankur Gupta who was dealing with the business. Under Section 141 Negotiable Instruments ...issued by the applicant no. 2. Thus summoning order passed for the offence under Section 138 Negotiable Instrument Act against applicant no. 1 is totally based on no...order did not commit any illegality. Post dated cheque can also be taken into consideration to file the complaint under Section 138 Negotiable Instrument Act as the same was...
...of the miscarriage of justice. Section 141 of Negotiable Instruments Act provides as under:
(1) If the person committing an offence under section 138 is a...is pertinent to mention here that under Section 141 Negotiable Instruments Act, it is not necessary that a
person who is prosecuted against has to be the Director only...offence under Section 138 of Negotiable Instruments Act was committed. He having resigned from the directorship much prior to even presentation of the cheque for encashment, he cannot be...
...order dated 15.4.2005 (Annexure P-3) whereby the petitioner has been summoned to face trial for commission of an offence under Section 138 read with Section 141, Negotiable Instruments Act, 1881 (...notice under Section 138 of the Act was received on any particular date. The only averment contained therein was that the notice was served on the petitioner.3. I have considered the..., which read as under :—“6. To constitute an offence under Section 138 of the Act the complainant is obliged to prove its ingredients which include the receipt of notice by the accused...
...Section 138 read with Section 141, Negotiable Instruments Act, 1881 (for short 'the Act'). 2. The conten...) filed by the respondent, there was no specific averment that the notice under Section 138 of the Act was received on any particular date. The only averment contained therein was that the notice was...judgment, which read as under :- "6. To constitute an offence under Section 138 of the Act the complainant is obliged to prove its ingredients which include the receipt of notice by the accused under...
...material for proceeding against the appellant in terms of Section 138 read with Section 141 of the Negotiable Instruments Act, the High Court refused to accede to the prayer of the appellant and...wherein two learned Judges of this Court held that the complaint in that case did not satisfy the requirements of Section 138 read with Section 141 of the Negotiable Instruments Act. Learned couns...circumstances referred to in the section and on the conditions mentioned therein, Section 141 laid down a special provision in respect of issuance of cheques by companies and commission of offences by companies under ...
...Negotiable Instruments Act, 1881 was subject matter of consideration before the Hon'ble Supreme Court. He submits that the provisions of ...Section 141 of Negotiable Instruments Act, 1881, the Hon'ble Supreme Court concluded that for maintaining the prosecution under Section 141 of the Act, impleadment of company....22. This Court, by comparing the provisions of Section 141 of Negotiable Instruments Act, 1881 and Section 66 of Food Safety and Standards Act, 2006...
...Section 141 negotiable Instruments Act, 1881 ("ni Act"). In regard to the latter provision the law concerning the...connived with each other for the commission of offences."
(6) SECTION 27 of the SEBI Act is more or less in similar terms as...S. MURALIDHAR, J.
(1) THIS petition under section 482 of the Code of Criminal Procedure, 1973 ("crpc") filed by the Petitioner seeks the quashing of the Complaint Case...