Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Complaint - Magistrate giving long date of one year - Magistrate directed to prepone the date keeping in view the provision of S.143 of the Negotiable Instruments Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - List of witnesses - Failure of the complainant to file list of witnesses - Proceedings u/s 138 of the NI Act cannot be vitiated on this ground...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal in default - For absence on one occasion, the complaint should not be dismissed in the interest of substantial criminal justice...........
Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Complaint u/s 138 Negotiable Instruments Act and S.420 IPC - Accused summoned in offence u/s 138 only - Complaint dismissed for want of prosecution - Amounts to acquittal - Second complaint u/s 420 IPC not maintainable even if no summoning..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Sought to be quashed on the ground that no notice was issued - Petitioner to lead evidence in the trial Court to prove this fact - No case for exercising inherent power is made out - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent deliberately at wrong address - Complaint filed before expiry of 15 days of issuance of notice - Order of taking cognizance quashed...........
Negotiable Instruments Act, 1881, Section 138, 142, 53 -- Legal representative of the payee or holder in due course can file a complaint u/s 138 read with S.142 of the Act if other conditions in the sections are satisfied...........
Criminal Procedure Code, 1973, Section 219, 220, Negotiable Instruments Act, 1881, Section 138 -- Joint trial of two offences of same kind - Can be allowed in summons cases also - Two cheques issued within a span of one year and dishonoured on the same date and parties are common and evidence in the two complaint cases will also be common - Impugned order directing joint..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Complaint - Court can acquit accused in middle of trial before recording evidence if on bare reading of complaint no offence is made out and yet the process is issued...........
Criminal Procedure Code, 1973, Section 256, Negotiable Instruments Act, 1881, Section 138 -- Complaint - Dismissal in default - Counsel for complainant moved an application praying exemption from personal appearance on plea that telegram was received that complainant a 70 years old person was not well - Magistrate without assigning any reason rejected the application -..........
