Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 322, 406, 407, 177, Constitution of India, 1950, Article 226, 227 -- Dishonour of cheque - Complaint - Lack of territorial jurisdiction - Procedure to be followed by Magistrate - Explained in detail...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Complainant running his business at Parwanoo within jurisdiction of Kasauli Court - Accused having its office at Shimla - Transaction took pale at Parwanoo - Cheque presented for encashment at Parwanoo and intimation of dishonour also received at Parwanoo - Fact that cheque issued..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cognizance of offence - Territorial jurisdiction - Transaction between parties took place at Punjab and notice issued from Jodhpur - Except issuance of notice of demand from Jodhpur, no other part of cause of action occurred at Jodhpur..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Summons procedure - Successor Magistrate - De novo trial - Evidence record under summons case procedure - Successor Magistrate has option to act on evidence recorded and if he feels further examination of any witnesses he may re-summon him for further..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202, 203, 204 -- Dishonour of cheque - Recall of summoning order - Trial Court has no power to recall the order taking cognizance of offence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion - Execution of cheque not denied - Question as to who has filled the cheque is immaterial - Application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Complaint - Inquiry - Court took into consideration evidence by way of affidavit of complainant and documentary evidence on the basis of which prima facie case was made out against petitioners - Held, no further enquiry is warranted in the matter...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of summons - Plea that cheques were given as security and not in discharge of any legal liability - Held, since defence of petitioners was not before Court at the time of issuing of summons as such Court had no occasion to look into same..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Complaint - Maintainability - Complainant issued one notice of dishonour in respect of four dishonoured cheques issued by petitioner - Held, as cause of action for filing complaint for dishonour of cheque is service of notice u/s 138 of NI Act and not..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence is not compoundable when complainant is not ready and willing...........
