Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Expression `Sufficient Cause' shall be understood and applied in a practical, pragmatic and reasonable manner - In the absence of any deliberate inaction or negligence on the part of complainant, the words `sufficient cause' shall be construed in a..........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Notice served on accused on 15.5.2018 - Complaint should have been filed on or before date 29.6.2018 - However, complainant got knowledge regarding date of service of notice on accused only on 26.6.2018 - Complaint filed by complainant only on..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint u/s 138 of the Act - Limitation - As per complainant she fell ill so she could not file complaint within time - Even, complainant filed medical certificate alongwith complaint - As complaint has been filed after amendment of S.142 of the Act came into force, complaint held, not barred by..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Jurisdiction - Quashing of proceedings - Question of lack of jurisdiction and delay in submitting complaint has to be agitated in the trial Court - Filing of complaint in Court at place `L' does not appear to be wrong or erroneous - It does not come out..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by company - Default in EMI - Complaint presented cheque in question for same EMI amount which was dishonoured - However, after settlement complainant presented another cheque towards full and final amount towards total outstanding amount which was also got dishonoured - Thus, earlier..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Limitation to file complaint - Computation of period of limitation - For computing period of limitation u/s 142(b) of the Act, date when cause of action arose would be excluded...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Limitation to file complaint - Complaint filed within one month after excluding day when cause of action arose, it cannot be said that complaint is ex-facie barred by time provided u/s 142(b) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Return of complaint - Admittedly, complainant has presented cheques before bank at place `A', and in such a case, Judicial Magistrate at place `A' alone will have jurisdiction - But, strangely complainant has presented complaint before Judicial Magistrate at place `AR' by saying that she is having..........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint u/s 138 NI Act and FIR u/s 174-A IPC - Offence by company - Accused shown bonafide cause for non-appearance before trial Court - Service not effected at ordinary place of residence of accused and they were not aware of said fact..........
Negotiable Instruments Act, 1881, Section 138(c), 142(1)(b) -- Dishonour of cheque - Notice - Actual date of service of notice - Complainant is not required to establish precise date of service of notice - Only obligation of complainant is to establish that he has waited for 15 days from the date of service of notice and has filed the complaint within 30 days thereafter...........
