Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Cheque was presented and dishonoured at Srinagar - It is no body's case that cheque was drawn at Pulwama - Held, merely because notice was dispatched from Pulwama to petitioner at his Srinagar address would not give jurisdiction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Some mistake in case records represented before Magistrate by appellant/complainant - Instead of taking any earnest and speedy steps to correct mistake occurred in present case complainant and his counsel protracted proceedings in another case by mis-leading Court below and making..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Evidence of complainant is inconsistent with regard to date on which amount was lent to accused - Admittedly, accused was working as a teacher as on that date and if really she had issued a cheque, she would have written blanks left in said cheque with her own hand-writing -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Statutory notice - Petitioner/accused issued a legal notice to complainant and her husband in another matter - Respondent/complainant along with her husband sent a suitable reply through their counsel disputing correctness of said notice and also specifically mentioned that petitioner has not honoured..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Statutory notice to advocate of accused - Validity - Held, reply notice issued by complainant to advocate for accused can be termed as statutory notice provided it fulfill statutory obligation provided u/s.138 of the NI Act and copy of notice has to be sent to accused demanding cheque amount has to be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability - Petitioners as Chairman and Directors of Company were informed of their role while transacting with respondent/complainant - Petitioners have categorical role in transaction - Petitioner No.1 indeed was representing company in several other proceedings -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque- Complaint - Affidavit filed by complainant in support thereof - Held, Magistrate can rely upon verification in the form of affidavit - He need not call upon complainant to remain present in Court nor to examine him or his witnesses on oath before taking decision to issue process...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Owing to breach of agreement by petitioner/accused, respondent No.2/complainant had not withdrawn earlier complaint - Merely because case was concluded and ended in acquittal, it cannot be said that there is no legally enforceable..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Complainant's statement-i, chief - Held, it could be on affidavit although it is open to call him for cross-examination in exercise of power u/sub-s.(2) of S.145 of NI Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque given as security - When liability of security is not discharged, there is no legal bar for launching the prosecution after complying the requisite procedures in the event of dishonour...........
