Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Complaint u/s 138 of N.I Act - Dismissed in default - Acquittal of accused - Complainant and his counsel remained absent on two adjourned dates - It is not a case of a complainant not desirous to proceed with the matter nor has he consistently remained absent despite best of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Case was fixed for defence evidence - Complainant was duly represented by counsel, but his counsel has also failed to put in appearance for which complainant may not be held liable directly - Rather, absence of complainant,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default at the stage when it was fixed for addressing arguments - Complainant was duly represented by his counsel - Magistrate was not justified in dismissing complaint in default for single absence of complainant, particularly on a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in favour of an advocate by his client/accused towards his fee - Cheque dishonoured - Claim for fee based on percentage of subject matter in litigation cannot be basis of a complaint u/s 138 of the Act - Such claim is against public policy and hit by S.23 of Contract Act - Being an act of..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of two cheques - Complaint filed on the basis of subsequent presentation of cheques and dishonour of cheques by issuing second demand notice is maintainable, if complaint was filed within 1 month of accrual of cause of action u/s 142(b) r/w S.138(c) of N.I. Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 257 -- Dishonour of cheque - Withdrawal of complaint - Compromise - Complainant received full cheque amount from accused in full and final settlement of all liability in relation to dishonoured cheque in question - Stand taken by trial Court in refusing to give permission to complainant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Failure to give specific date of advancement of loan - Not a sole ground to dismiss the complaint when accused admits issuance of cheque and his signatures on the same...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of overwriting of date of cheque 1.7.2013 to 1.7.2014 - Cheque - This is a matter of fact which can be contested only before the trial Court - At this stage no cogent evidence/ground to disbelieve the statement of complainant given on oath before Court in support of his complaint - No ground to..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Failure to pay loan amount - Since judgment and decree in civil suit has attained finality between same parties with respect to same transaction and counsel of petitioner has not argued case on merit, plea taken by petitioners in..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Quashing of FIR - Dishonour of cheque - Petitioner was declared proclaimed offender, thus FIR u/s 174-A IPC was registered - Petitioner could not appear as notice was not served at the given address, hence, no, appearance of petitioner held,..........
