Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 254(1) -- Dishonour of cheque - Expression 'any day subsequent thereto which the hearing may be adjourned' appearing in S.256(1) Cr.P.C. refers to that day which is immediately succeeding the day appointed for appearance of the accused after recording the plea of not guilty...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254(1) -- Dishonour of cheque - Purpose of hearing prosecution at an early stage in a summons case - Analysed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) -- Dishonour of cheque - There is nothing in the provision of S.256(1) Cr.P.C. to show that an accused can be acquitted on 'any day to which the case is posted for evidence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) -- Dishonour of cheque - Acquittal of accused u/s 256(1) Cr.P.C. - Magistrate Courts acquit the accused even at the fag end of the case, giving untenable reasons, such as it is a long pending case and it is included in the target; the complainant is not adducing evidence despite..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 254(1) -- Dishonour of cheque - Court shall not acquit an accused u/s 256(1) Cr.P.C. in a case where evidence is taken in part or full u/s 254(1) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion to ascertain age of ink for writing amount in cheque - Petitioner admitted his signatures - In India that too in Tamil Nadu, there are no such experts to ascertain the age of the ink - Application is filed only to drag on the proceedings - No illegality and irregularity in dismissing the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(3), 482 -- Second revision petition in the guise of S.482 Cr.P.C. is not maintainable when petitioner already filed revision u/s 397(3) Cr.P.C. before the revisional Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Resolution passed whereby Managing Director authorised to 'Conduct proceedings on behalf of company' - Such expression does not include to file a complaint on behalf of Company...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed by unauthorised person, resulting in acquittal of accused - Complaint company raised plea that there was resolution passed by company authorising Director of company to file complaint - However, no good reason assigned why this resolution was withheld from Court when issue of authority..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred complaint - Complaint cannot be considered on merits unless delay is first condoned - Before condoning the delay the accused is liable to be heard - Summoning order without notice and hearing the accused on delay condonation application set aside - Matter remanded back for decision afresh -..........
