Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent by fax - Complaint not filed - Cheque again presented and again dishonoured - Notice issued - Complaint filed - Complaint whether beyond limitation? - Question whether fax message was sent or not, when it was sent and when it was received are questions of fact which can only be decided after taking evidence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 195(b)(ii), Indian Penal Code, 1860, Section 463 -- Dishonour of cheque - Complaint - Accused in turn filed criminal complaint for committing forgery by filing a higher amount in the cheque - Held, separate complaint not maintainable - Complaint can be filed by the Court where forged..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Complaint not to be dismissed as premature - Trial Court should wait and allow the complainant to establish its case or take cognizance after expiry of stipulated period...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Notice sent as per certificate of posting - It is a valid notice - There is no mandate of the provision that notice must be sent only by registered post - Notice sent on correct address would be deemed to have been received by addressee...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Amount due paid - Application supported by affidavits of accused as well as complainant - Parties permitted to compound offence...........
Negotiable Instruments Act, 1881, Section 138 -- Firm - Cheque issued by proprietor of firm - Firm not made an accused - Not of much consequence as liability of proprietary concern and proprietor is joint and several...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint cannot be quashed on the ground that cheque was not issued towards discharge of a liability - This fact is to be decided in course of trial...........
Negotiable Instruments Act, 1881, Section 142(b) -- Proviso - Dishonour of cheque - Limitation - Delay - Condonation - Amended proviso which gave discretion to Court to condone delay in filing complaint is applicable when case was still pending...........
Negotiable Instruments Act, 1881, Section 142(b) -- Proviso - Amendment of the proviso - Constitutional validity - Mere a discretion has been given to Magistrate to consider an application for condonation of delay - It has not created a new offence but has merely regulated the procedure of taking cognizance by the Magistrate - Such a regulation of procedure does not change..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 438 -- Dishonour of cheque - Case pending in Court within jurisdiction of another High Court - Non bailable warrants issued as accused failed to appear inspite of service of summons - Court within whose jurisdiction accused resides can grant transit bail - Transit bail allowed...........
