Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of complainant witness for further cross-examination - Dismissal of application - Merely because earlier counsel has shown laxity in not cross-examining the complainant, on that score, it cannot be construed as a ground to recall witness and permit..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of complainant witness for further cross-examination - Dismissal of application - Full and effective opportunity already afforded to petitioner to cross-examine complainant - Even, in event any deposits have been made by petitioner in account of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Petitioners are neither Managing Directors nor Authorized Signatories of accused company - No specific role has been attributed to petitioners, except for general allegation stating that petitioners were responsible for control and management and day to day affairs of accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - All issues involves disputed question of facts and law and cannot be decided unless and until the parties go to trial and lead their respective evidence - No flaw or infirmity in proceedings pending before trial Court - Petition..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Court below rightly rejected application moved by accused as the same is subject matter of trial after prosecution evidence is led, defence evidence will be examined - Even, mediation has already been failed between the parties and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards security deposit for taking Gas agency - No explanation whatsoever is given in complaint as well as in notice as to how cheque dated 14.09.1997 finds mention in a bond 29.09.1995 - Complainant failed to prove that there was legally enforceable debt or liability - Accused rightly..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Direction to deposit 20% of cheque amount by trial Court - Applicability of S.143-A of the Act - Since applicability of S.143A of the Act is prospective only, trial Court erred in giving directions to accused to pay 20% of original cheque amount as interim compensation to complainant...........
Negotiable Instruments Act, 1881, Section 138, 143A, Constitution of India, 1950, Article 227 -- Dishonour of cheque - Direction to deposit 20% of cheque amount by trial Court - Applicability of S.143-A of the Act - Since applicability of S.143A of the Act is prospective only, trial Court erred in giving directions to accused to pay 20% of original cheque amount as interim..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.2 lakhs - Financial capacity - Complainant employed as driver and getting salary of Rs.7,500/- per month - Loan not substantiated with any supporting material - Complainant not proved his case beyond reasonable doubt - Explanation of accused that one of the cheque was handed over to one `J'..........
Indian Penal Code, 1860, Section 420, 406, 419, 167, 468, 379, 465, 475, 120B, 114, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 NI Act - FIR two years thereafter alleging same cheque misplaced and fraudulent use thereof - Instead of quashing FIR the same transferred to Court where proceedings of complaint u/s 138 NI Act is..........
