Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 243 -- Dishonour of cheque - Complaint u/s 138 of the Act - Application filed by accused for sending cheques and acknowledgement receipt for FSL examination - Once document is referred to FSL or CFSL, it normally takes four to five years in obtaining report - Since, complaint is pending since 2013,..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of complainant for cross-examination - Accused already granted adequate opportunities to lead defence evidence subject to payment of costs and thereafter, three opportunities granted to accused to lead defence evidence but same was not done -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Order of summoning cannot be quashed on the ground that police had submitted charge sheet against complainant regarding cheques in question as enquiry made by trial Court of Judicial Magistrate himself under Chapter XV Cr.P.C. is on higher pedestal than that of investigation made by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Order of summoning cannot be quashed on the basis of defence version, which is still to be proved...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Direction of drawer of cheque to bank for not honouring the cheque, in fact, amounts to the fact that amount of money for payment to drawee in relation to that cheque was not sufficient in bank...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint and summoning order - In the instant case, cheques relating to bank account of accused got dishonoured when presented in bank under direction of accused - Even, thereafter on service of legal notice within time amount of cheque was not paid - Therefore, summoning order is passed on..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 418, 420 -- Quashing of proceedings - Cheating - Dishonour of cheque - Compromise arrived at between parties outside Court - Matter neither involves any offence of heinous nature nor having any societal impact and dispute has come to an end under..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Application for exemption from personal appearance of accused rejected - Merely because accused can very well appear in Court is no ground to reject application u/s 205 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 142, 142A(as -- Dishonour of cheque - Complaint u/s 138 of the Act - Territorial jurisdiction - Complainant presented cheque to Bank at Surat where complainant has account - Surat Court has jurisdiction as newly inserted provision under the Act is applicable with retrospective effect - Impugned order passed by Court below set..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Dishonour of cheque - Comparison of signatures - It is discretion of Court either to refer disputed signature to expert or to compare signature by itself u/s 73 of Evidence Act...........
