Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Complaint - It is discretion of Magistrate to try it as a summary trial or summons trial - On transfer of Magistrate in the midst of trial, do novo trial is the only way out when it is tried as a summary trial but not so when it is tried as a summons trial...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 265 -- Dishonour of cheque - Complaint - Not mandatory to be tried summarily - Magistrate is vested with discretion either to follow summary trial or summons trial...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 260(2) -- Dishonour of cheque - Summary trial - Magistrate can switch over from summary trial to a different procedure provided...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of signatures - Expert opinion - Accused admitting having issued five blank signed post dated cheques - No necessity of sending cheque to handwriting expert when signatures are admitted - Order calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Cheques in question issued by accused company for payment of debt towards supply of materials got dishonoured with instructions of payee not to make payment - Notice issued by complainant was duly served - Accused company had not taken any step nor had given any reply -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal as time barred - Admittedly, within a period of 30 days after completion of 15 days of service of notice upon accused, complainant has not filed complaint - No request to condone delay has been made - Held, no illegality has been committed by Magistrate in dismissing complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Applicant/accused No.2 is neither signatory to cheques in question which are dishonored nor same are drawn from bank account maintained by him - Held, applicant cannot be held guilty for offence u/s.138 of NI Act for dishonour of cheques which are neither issued by him nor signed by him nor drawn from..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietary firm - Dishonor of cheque allegedly issued, signed and drawn from bank account maintained by accused No.1, wife of applicant/accused No.2, proprietor of Proprietorship Firm - Applicant/accused No.2 is neither signatory to cheques in question which are dishonored nor same are drawn from..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Offence when committed by Company then without company being arraigned as an accused, prosecution of Managing Director and Director of company is impermissible...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Compounding of offence - Parties settled dispute amicably - Accused agreed to pay a total sum of Rs.5,85,000/- against cheque amount of Rs.10 Lacs as full and final settlement of claim of complainant - Accused also deposited 15% of cheque amount with State Legal Services Authority -..........
