Read, Subscribe & Cite BANKING CASES III (2014) BC 342 (Kerala HC) Dishonour of Cheque — Date for reckoning period of 15 days mentioned in Section 138 Proviso (b) of Act is not date on which collecting Bank received information but actual date on which payee got that information. III (2014) BC 433 (Delhi HC) — Framing of notice — Notice under Section 251, Cr.P.C. in all complaints not given and hearing on framing of notice yet to take place — Inherent powers of High Court not to be invoked straightaway to ensure summary trial does not get unnecessarily delayed. III (2014) BC 452 (Bombay HC) — Offence by Company — Liability of Directors — Criminal liability can be fastened only on those who, at the time of commission of offence, were in charge of and were responsible for conduct of business of company. III (2014) BC 299 (AP HC) — Offence by partnership firm — Quashing of proceedings — Cheque issued by Managing Partner of firm — Arraying firm as an accused necessary. III (2014) BC 288 (MP HC) Distinction —‘Section 245, Cr.P.C.’ and ‘Section 251, Cr.P.C.’— Under Section 245, Cr.P.C. there is opportunity for complainant as well as accused to produce evidence in respect of their cases before framing charge but under Section 251, Cr.P.C. such opportunity to lead evidence is not available. III (2014) BC 398 (P&H HC) Jurisdiction — Merely because arbitration proceedings or civil litigation (regarding payment of loan amount by petitioner) pending consideration, neither new institution nor pendency of criminal litigation is barred. III (2014) BC 286 (Kerala HC) Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — In prosecution under Section 138 of N.I. Act, compensatory aspect of remedy should be given much priority over punitive aspect. III (2014) BC 316 (Delhi HC) (DB) Practice and Procedure — If matter is marked as part-heard then it is only same Bench which is entitled to hear matter, until it is released from that category.
Posted on: Wed, 27 Aug 2014 10:01:00 +0000
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