Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complainant contended that his non-appearance or his counsel on adjourned date was neither intentional nor deliberate, as he had asked his counsel to move application for exemption but because..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(1), 378(4), 256 -- Dishonour of cheque - Death of complaint during pendency of case - There is no provision in Cr.P.C or NI Act laying down that on account of death of payee, trial must be abate - Legal heirs of original complaint are entitled to come forward and ask for subsitiution..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Quashing of complaint - Dishonour of cheque - Petitioner is second accused in complaint u/s 138 of the Act - Petitioner prays to quash complaint against him on ground that cheque is issued from account maintained by a proprietary firm owned by first accused and first accused is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Singular default in appearance on part of complainant could not entail dismissal of complaint in default more particularly when he had been diligently pursuing same ever since its institution..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 482 -- Dishonour of cheque - Application for amendment of title of complaint by inserting name of company - Cheque was issued by the accused in the name of company and cheque was issued to discharge liability towards company - Amendment if granted, would only help court to arrive..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance - Quashing of - Delay of 8 in filing complaint - Proviso (c) of S.138 of the Act speaks that for drawer of such cheque fails to make payment of said amount of money to payee or as the case may be, to holder in due course of cheque..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 4 cases - Concurrent running of sentences - When the parties are common and dispute/complaints arise from one common transaction of lease amount, same can be construed as one transaction only for purpose of extending benefit u/s 427 Cr.P.C,..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - S.320 Cr.P.C would not come in the way in recording compromise or in compounding the offence punishable u/s 138 of N.I. Act, as provisions of S.147 of N.I Act though start with a non-obstante clause but have overriding effect on provision..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - At this stage it cannot be accepted that amounts deposited by nephew of accused in bank account of wife of complainant was towards debt incurred by accused - No case of quashing complaint is made out - Complaint cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Petitioners have not issued cheque and they have tendered their resignation much before issuance of said cheques - These are incontrovertible facts - Only a bald averment is made in complaint against them that..........
