Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A witness whose name does not appear in the list of witnesses can be examined as a witness - Admissibility of evidence has to be decided at the time of final stage of the case...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - As per averments made in complaint petitioner has issued cheques to complainant under his signature - Plea of petitioner that cheque in question was signed by `M' and not signed by him, therefore, he ought not to have been..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(1) -- Dishonour of cheque - Appeal against conviction dismissed - Revision petition still pending and is likely to take time - Petitioner seeking suspension of sentence during revision - Maintainability - Petition allowed - Sentence suspended subject to payment of cheque amount...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution of directors - Practice of prosecuting all persons holding office in company irrespective of whether they played any specific role in incriminating act - In many cases, complaint contains allegations even against directors who resigned from such company much prior..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for default - Validity - Appellant was not present in second sitting and did not appear till 5:45 P.M. - When appellant had gone in search of his advocate, it was not possible for him to remain present in second sitting - Held, matter could have been adjourned to another day -..........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4, Criminal Procedure Code, 1973, Section 360(1) -- Dishonour of cheque - Probation - Accused a poor lady having young daughter - Merely because the cheque amount has been deposited by accused after a lapse of considerable period of 10 years it would not disentitle accused from the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - When accused has filed bail bonds then exemption from personal appearance can be granted for routine dates but he has to personally appear at the stage of statement u/s 313 Cr.P.C. and at the stage of judgment...........
Negotiable Instruments Act, 1881, Section 138, 142(1) -- Dishonour of cheque - Lodging of complaint - Attorney holder - Held, payee of a cheque can lodge complaint through his attorney holder - Complaint, however, should be in writing and will have to be lodged in the name of payee...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Issue of process - Reconsideration of - Permissibility - Held, it is not open to a Magistrate (trial Court), having issued process on a complaint filed before him, to reconsider his decision at the instance of summoned accused and dismiss complaint on any ground without entering into trial..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Cognizance of offence - Magistrate can take cognizance of offence relying upon affidavit filed by complainant - Magistrate not legally required to examine complainant and his witnesses as provided in S.200 Cr.P.C...........
