Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Three complaints - Parties compromised - Two complaints dismissed on the basis of compromise but third complaint retained - Compromise failed - It was incumbent upon Magistrate to have proceeded with the third complaint in accordance with law without taking recourse to the compromise in question - Order..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused - Trial Court directed to proceed in complaint without seeking personal appearance of accused subject to conditions that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Account blocked as there was conflict amongst partners - Complaint not quashed on this ground as it can be decided during trial only as to whether there was sufficient balance in the account to pay the cheque amount...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for non appearance of complainant at the stage of consideration of application u/s 311 Cr.P.C. - Complainant had already led his evidence - Magistrate could have dismissed the application and proceeded with the case on the basis of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint filed by `special attorney' appointed by Power of Attorney holder - Power of attorney holder cannot delegate his powers to another person but the same can be delegated when there is a specific clause permitting sub-delegation - In the instant case company appointed power of attorney..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque return memo - Cannot be said to have been proved without examining Bank official/clerk - Complaint against accused remains unproved - Acquittal upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendment sought to change the name of accused from "Managing Director, ABC Ltd....." to "ABC Ltd... through Managing Director..." - Order allowing amendment upheld...........
Negotiable Instruments Act, 1881, Section 138, 29 -- Dishonour of cheque - Loan borrowed by father of accused - Father died prior to filing of complaint - Accused/son agreed to repay the loan and issued two cheques - Accused being legal representative of father is liable to repay the loan to complainant - Complaint is maintainable and accused is liable for punishment u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of time barred debt - Loan borrowed by father of accused on 07.03.2003 - Father died prior to filing of complaint - Accused/son agreed to repay the loan and paid Rs.10,000/- in cash on 10.06.2005 and subsequently in 2006 issued cheque to discharge liability of his father - Once the amount was..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act withdrawn as parties compromised the matter - Continuation of FIR u/s 174-A IPC is nothing but an abuse of process of law, once main dispute between parties has already ended -..........
