Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Owing to breach of agreement by petitioner/accused, respondent No.2/complainant had not withdrawn earlier complaint - Merely because case was concluded and ended in acquittal, it cannot be said that there is no legally enforceable..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Complainant's statement-i, chief - Held, it could be on affidavit although it is open to call him for cross-examination in exercise of power u/sub-s.(2) of S.145 of NI Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time bared notice - Bank of appellant/complaint got intimation regarding dishonouring of cheque on 21.08.1998 - Notice of demand was dated 14.09.1998 - Held, it is long after the period prescribed u/proviso (b) to S.138 of N.I. Act - Irrespective of delay in transaction between agent(Bank) and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Petitioner/accused has admitted regarding issuance of cheque - He has also received notice issued by opposite party/complainant and within statutory period - He did not pay amount and had not taken any step to pay payment during trial also - He was also not able to substantiate..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise between parties - Cheque amount has been deposited in account of complainant - Conviction and sentence set aside - Petitioner/accused acquitted - Revision allowed...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Cheques in question were presented for collection by respondent/complainant at Parwanoo - Communications of dishonouring cheques were given at Parwanoo - Material was supplied by respondent from Mumbai to Boisar - Respondent has a unit at Village Ambota,..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Directors - Quashing of proceedings - Respondent/complainant has not specified role of Directors in day-to-day affairs of company - Held, pleadings for proceeding against petitioners as an accused u/s.138 of the Act as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Discharge of accused - Validity - Although evidence is led before Magistrate by complainant as well as accused, complaint was not decided on merits and in accordance with law - Held, impugned order of discharge of accused liable to be set aside - Proceedings remanded back to Magistrate to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque and invoice in the name of `Seasons Exports Private Ltd." whereas complaint was filed by M/s Seasons Exports - Complainant failed to prove that he has locus standi to file a complaint - Held, complaint is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Former secretary of society committed a mischief and issued number of cheques, which were for considerable amount, to an erstwhile worker (who is complainant) of society during the time of previous officer bearers - Cheques were..........
