Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Seven cheques alleged to be issued but in the summoning order four other cheques included - In the summoning order it is mentioned that one memo was issued by bank for all the seven cheques whereas seven different memos of dishonour had been issued by the bank - Magistrate while..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed by duly constituted attorney of bank and a copy of power of attorney annexed to the complaint - Magistrate was justified in taking cognizance of complaint and issuing process...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - An authorised employee of a company can represent the company - Once an averment to this effect is made in the complaint and a copy of power of attorney is annexed to the complaint, it is sufficient for Magistrate to take cognizance and issue process - However, when authority of such person is..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint filed through duly constituted attorney of bank - Statement of attorney as required u/s 200 Cr.P.C. not recorded - However, sufficient material on record viz. cheque in question, memo of dishonour, demand notice and receipt depicting issuance of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - Complaint u/s 138 of N.I Act cannot be transferred as per convenience of accused - Since accused is a woman and a senior citizen, therefore, she can always seek exemption from personal appearance - Transfer petition dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by husband - Wife cannot be made accused for dishonour of cheque issued by her husband when cheque was not issued from joint account - Wife and other two accused do not constitute a Company or a firm or Association of individuals as contemplated u/s 141 of N.I Act - Proceedings so far it..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Company not arraigned as an accused - Cheque in question was issued for and on behalf of Company - Complaint against Directors of Company without company arraigned as an accused is not maintainable - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - After spending 10 years in litigation - Precious judicial time of almost 10 years of Court consumed - Accused to deposit an additional sum of Rs.5 lakhs with Supreme Court Advocate-on-record Advocates Welfare Fund...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - In appeal accused sought summoning of bank details to prove capacity of complainant to advance a huge amount and to get FSL of disputed cheque - Once accused admitted signature on disputed cheque then he cannot raise objection regarding handwriting on disputed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Contention that accused informed complainant that due to some changes in the management, all the previous liability would be undertaken by one `M' as per registered agreement - Held, shifting of liability after issuance of cheque has no significance as penal provisions attack..........
