Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Notice u/s 251 Cr.P.C. - Dropping of proceedings at notice stage cannot possibly be equated with recalling of summoning order...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Notice u/s 251 Cr.P.C. - At the stage of framing of notice u/s 251 Cr.P.C. trial Court is not expected to function like a post office and to mechanically frame notice, but is rather bound by law to apply its mind to find out whether prima facie case is made..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Framing of notice u/s 251 Cr.P.C. - Exemption from personal appearance - Till arguments on the point of framing of notice u/s 251 Cr.P.C. are concluded, personal appearance of petitioner be not insisted upon by trial Court upon his filing an application u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account of `Either or Survivor' - It is drawer of the cheque who is liable - Joint account holder, who has neither signed nor issued the cheque in question, is not liable for the offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(3) -- Dishonour of cheque - Leave to appeal - As per complaint, accused was on business terms with complainant and he used to borrow money from her time to time - However, during cross-examination complainant deposed that she was not running any business and has no knowledge regarding..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Quashing of proceedings - Notice received back with endorsement `addressee left the place' - Thereafter notice sent by Court upon registration of private complaint also returned with different endorsement `accused went outside' - Deliberate evasion of receipt of registered notice would amount..........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Anticipatory bail - Dishonour of cheque - Proclaimed offender - Determination - Petitioner has already given undertaking that he would submit to the process of law and would furnish bail bonds to the satisfaction of trial Court - Direction given to petitioner to appear before trial..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - If payee or holder in due course of cheque establish despatch of notice on correct address of drawer, pursuant to dishonour of cheque and before expiry of period of 30 days, statutory requirement of demand by giving notice within statutory period stands established...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When account maintained by accused is closed after issuing cheque, it amounts to offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Disputed questions of facts involved in the case, neither admitted by complainant nor apparent on face of record - Such type of disputed factual defences can be appreciated only by trial Court after parties lead their evidence - High Court committed grave error by interfering..........
