Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account - It is only the drawer of the cheque who can be prosecuted - In case of issuance of cheque from joint account, a joint account holder cannot be prosecuted unless the cheque has been signed by each and every person - Prosecution against non signatory joint account holder quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Complaint - Enquiry - Petitioners reside beyond territorial jurisdiction of Magistrate - Complaint never posted for enquiry - Held, there has been an infraction of mandatory provision of sub-s.(1) of S.202 Cr.P.C. - Such infraction vitiates order taking..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - Complainant working abroad at the time of issuance of notice - Instructions can be given to counsel over telephone or in writing or through electronic media, to issue notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensatory aspect of remedy should be given much priority over punitive aspect...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 177, 179 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Complainant/company was carrying on business having its main office at Mumbai and had branches at various places including Bangalore - Cheque issued by accused has been returned by bankers of complainant/company..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of additional director - Quashing of - Petitioner is merely an additional director in the company and not a managing director or a joint managing director - No specific averment made in complaint in respect of petitioner's..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Petitioner apart from being a designated Director of company, is not shown to have been involved in affairs of company and more particularly in course of business transaction that are subject-matter of..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Inherent powers - Exercise of - Held, while exercising jurisdiction u/Art.226 of Constitution of India or u/s.482 Cr.P.C. High Court will not enter into disputed questions of facts to find out as to whether cheque was issued as security cheque or was not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for non prosecution - Challenge to - Absence of petitioner/complainant on the date fixed and failure in taking steps for issuance of summon seems to be bona fide - Held, petitioner should not be left remediless - Impugned orders set aside - Complaint restored to its original number..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Complaint filed beyond period of limitation - Held, dismissal of complaint justified - Acquittal proper - Appeal dismissed...........
