Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction - Complainant had averred that cheque was handed over by accused at Ernakulam - Contention that precise place where cheque was handed over has not been averred in complaint - Held, cheque was handed over at Ernakulam which is within the jurisdiction of Chief Judicial..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200, 4(1), 482 -- Dishonour of cheque - Quashing of proceedings - S.145 NI Act provides a procedure contrary to Cr.P.C for taking cognizance and trial of offences u/s 138 NI Act - It provides that for enquiry for taking cognizance, Court can take evidence through affidavits - Thus,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - It is mandatory for Magistrate to examine complainant and witnesses, if they are present, before taking cognizance - Order taking cognizance without examining complainant set aside...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence of complainant may be given on affidavit not only during course of trial but also at pre-summoning stage - Cognizance taken on basis of affidavit alone - Not fatal...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4) - - Dishonour of cheque - Acquittal - Application of amended proviso to S.372 of the Code to the cases instituted upon complaint as contemplated by S.378(4) of the Code and, more particularly, to applications seeking leave to file appeals challenging judgments and orders of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Remand of case - Complainant had stated that he had received intimation on 23.05.2005 by means of documentary evidence while defence has to prove that on 23.05.2005 being Bouddha Pournima, bank had a holiday and that receipt of intimation was not possible on that day - Held, parties must be relegated to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Agreement of loan took place at Indore and deed of agreement executed at Indore - Cheques were issued at Indore - Cheques were required to be presented at Indore - Cheque Processing Center at Mumbai cannot be equated with drawee bank - Merely because notice was issued by complainant from..........
Negotiable Instruments Act, 1881, Section 138, 141, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of directors and Chief Financial Officer of company - Only one director signed cheque in question - Held, prosecution of directors except one who signed the cheque quashed - Bare statement that they were directors and..........
Negotiable Instruments Act, 1881, Section 138, 141, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Cheque issued by a company dishonoured - Who may be prosecuted for offence committed by company - (i) The primary responsibility is on the complainant to make specific averments as are required under the law in the complaint so as to..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Blank cheque alleged to be given as security and that blanks filled up conveniently so as to suit the case of complainant - Expert opinion as to determination of age of ink used for signatures and age of the ink used to fill up other details of cheque -..........
