made by the accused and therefore, a complaint under Section 138 of Negotiable Instruments Act was filed by the complainant at Muzaffar Nagar on 23rd ... Additional Chief Metropolitan Magistrate, Mumbai, under Section 138 read with Sections 141 and 142 of the Negotiable Instruments Act, against the petitioner firm and some
Section 420 I.P.C. as Bar under Section 142(a) of the Negotiable Instruments Act is applicable only for an offence under Section 138 ... Negotiable Instruments Act.
28.Before filing a complaint under Section 142 of the Negotiable Instruments Act for having committed an offence under Section 138
acquittal, acquitting the Respondents / Accused 1 to 3 under Sec.138
Negotiable Instruments Act in C.C.No.115 of 1996 on the file ... days.
Hence, the Complaint was filed on 15.02.1 996 under Sec.138 Negotiable
Instruments Act.
4. To substantiate the averments in the complaint
Section 420 I.P.C. as Bar under Section 142(a) of the Negotiable Instruments Act is applicable only for an offence under Section 138 ... Negotiable Instruments Act.
28.Before filing a complaint under Section 142 of the Negotiable Instruments Act for having committed an offence under Section 138
company in terms of Section 141 of the Negotiable Instruments Act and therefore it is liable for punishment under Section 138 ... virtue of Section 141 of the Act, they are also liable for punishment under Section 138 of the Negotiable Instruments Act.
6. In this petition
effect that the Respondent / Accused was guilty under Section 138 of Negotiable Instruments Act and thereby granted the benefit of doubt in favour ... Section 141 of Negotiable Instruments Act is that when the Company is Drawer of the cheque such company is the principal offender under Section 138
section 138 of the Act, observed as under (at page 524 of 76 Comp Cas):
"A plain reading of section 138 , Negotiable Instruments ... High Court under section 482 of the Criminal Procedure Code.
It was held that section 138 of the Negotiable Instruments Act, provides for punishment only
drawer" and therefore the petitioners are not liable under section 138 Negotiable Instruments Act.
(ii) There are no sufficient allegations in respect ... company.
Section 141(1) of the Negotiable Instruments Act says-
"Offences by companies. - (1) If the person committing an offence under Section 138
Chennai, whereby the accused was convicted for the offence under Section 138 of Negotiable Instruments Act and sentenced to undergo simple imprisonment for six months ... Negotiable Instruments Act. Even though it is rebuttable presumption, the petitioner/accused herein has not rebutted the presumption under Section 139 of Negotiable Instruments
offence under Section 420 of IPC, mens rea is required. He would further submit that offences under Sections 138 of The Negotiable Instruments ... contained in Section 300 of Cr.P.C. because the earlier case under Section 138 of The Negotiable Instruments Act had not ended in acquittal
