Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Jurisdiction - Transfer of case - S.142(2)(b) of the Act provides that the offense u/s 138 of the Act shall be inquired into and tried by a Court within whose local jurisdiction, if the cheque is presented for payment by the payee or holder in due course, the branch of the drawee bank where the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - Arraying of a proprietor as an accused or a proprietary concern represented by proprietor is sufficient compliance with the requirements of S.138 of the Act - Proprietor and proprietary concern not required to be separately arrayed as a party accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Power of attorney holder can file a complaint, can depose an affidavit as also record his sworn statement in a proceedings u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65 -- Dishonour of cheque - Secondary evidence - Original cheque, original written memo and other relevant papers fell on road in transit - On the same day police complaint was lodged - While issuing process, the documents were before Magistrate - When documents were lost then necessary permission..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - Fine forms part of sentence when Court imposes imprisonment and fine - In such cases, Court has to order payment of compensation from amount of fine as provided u/s 357(1)(b) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant proved that accused issued cheque after availing loan of Rs.3,50,000 - Complainant proved his initial burden entitling him to get benefit of presumptions u/ss 118, 139 of N.I Act - However, accused did not adduce any evidence to rebut said presumptions - Accused rightly..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision - Power of revision available to High Court u/s 401 r/w S.397 is not wide and exhaustive to re-appreciate evidence to have a contra finding...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision - If there is non-consideration of any relevant materials or fundamental violation of principle of law, then only power of revision would be made available...........
Negotiable Instruments Act, 1881, Section 118, 138, 139 -- Dishonour of cheque - Conviction - Petitioner admitted that he had received a friendly loan, therefore apparently, there was a subsisting debt and liability - Moreover, once the signatures on the cheques have been admitted, the presumption envisaged under Section 118 of the Act arises that the cheque had been..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Quashing of proceedings qua Director - If any Director or partner wants the process to be quashed on the ground that only a bald averment is made in the complaint and that he/she is really not concerned with issuance of cheque, he/she..........
